FDR Process
FDR practitioners are required to assess the appropriateness of mediation for each individual case. They consider issues surrounding family conflict, equality of bargaining power, safety of children, physical and mental wellbeing of parties and other relevant issues.
What to expect:
The FDR process begins when one party/parent initiates contact with and FDRP
Step 1: Intake/Assessment Initiating Party
The initiating party (P1) will have what is called an Intake/Assessment with the FDRP. This session will last approximately 1.5 hours.
During the intake session I will ask specific questions about you, your situation, your children, what you are hoping to gain from the process. This allows the initiating party to tell his/her ‘side’ of the story without judgement and to help clarify the issues.
This will help me assess & determine whether FDR is the right process for you. I will give you information about the process help you prepare for FDR. We may also provide referrals for legal advice, counselling and any other assistance that may be required to help you prepare for FDR.
Step 2: Intake/Assessment Party 2
The other party (P2) will be invited to participate in the process. If they engage, an Intake/Assessment appointment will be made for them. This session will last approximately 1.5 hours.
During the intake session I will ask specific questions about you, your situation, your children, what you are hoping to gain from the process. This allows the other parent to also tell his/her ‘side’ of the story without judgement and to help clarify the issues.
This will help me assess & determine whether FDR is the right process for you. I will give you information about the process help you prepare for FDR. We may also provide referrals for legal advice, counselling and any other assistance that may be required to help you prepare for FDR.
At the conclusion of these sessions, I determine whether the case can move on to the next step, in line with Attorney-General’s Department guidelines.
Step 3: Joint or Shuttle FDR Session
If your matter is assessed as appropriate for FDR, I will set a mutually convenient time for both parties. The sessions will be structured in ways that allow the parties to feel empowered to put their positions forward in a physically and emotionally safe environment.
The sessions will either be:
Joint Sessions:
This is where both parties are in the same ‘room’ whether physically or remotely via Zoom
Shuttle Sessions:
This occurs when it has been assessed that the FDR process will be more effective if parties are in separate rooms/on separate Zoom calls.
FDR Sessions will generally last 2-4 hours.
Most parents require 2 to 3 sessions to work through the issues. However there is no limit to the number of joint/shuttle FDR sessions you wish to engage in. The process can be revisited at any time.
Step 4: Outcomes
If you reach an agreement, you will be provided with a written document of the agreement together with a s60i Certificate which states that you made a genuine effort to resolve the issues in dispute. If you are not able to reach an agreement, a s60i certificate can also be issued.
If you wish to have the agreement recognised as a parenting plan, both parties will need to sign and date the document. If you wish for the parenting pan to become a legally binding document, it is recommended that you seek legal advice.
There may be some matters that are not appropriate for mediation, at this point a s60i Certificate can be issued.
If a party refuses to participate in the FDR process, then I will be able to issue a ‘failure to attend’ certificate with an indication of which party did not attend noted on the certificate.
The issue and wording on the certificates can sometimes be confusing. If you have concerns around this, I will be able to clearly explain how they relate to your personal situation and how they fit within the family law process.
Property Mediation
Property mediation is a non-litigious way of reaching agreements about property and assets. Separating couples can participate in property mediation to ensure both parties have a say in the division of their property & assets division. Some couples only need assistance to work out what is within their property pool, while others are seeking a full property agreement at the conclusion of the mediation process.
Division of property and financial assets is not always straightforward. It is recommended that you seek appropriate legal and financial advice so you can fully understand your position, even if you are able to reach an amicable agreement.
Mediation can provide a structure that will support separated couples reach an equitable agreement. It is a confidential, voluntary process and requires both parties to be willing to provide full and frank financial disclosure to each other.