Family Dispute Resolution
What is family dispute resolution?
A family dispute resolution practitioner (FDRP) must have completed the requirements for registration with an organisation that conducts the appropriate training required by the Commonwealth Attorney General’s Department.
The dispute resolution process conducted by a FDRP is usually a form of mediation.
FDR came into existence as a formal process under the Family Law Act in 2006. Since then the practice of FDR has been growing and developing in conjunction with the Courts and is used by private mediators and agencies.
The training required for FDRP’s specifically includes information and competency relevant to disputes involving children and tests FDRP’s for competency in dealing with family violence issues.
It is not necessary for a mediator or mediation-style conference chair to be an FDRP in order to mediate financial and property disputes.
An AIFLAM mediator who is a registered FDRP may also have their name listed as a Family Dispute Resolution Practitioner on the AIFLAM website.
Why family dispute resolution?
What happens at family dispute resolution?
Like mediation every FDRP has a unique model with features that are common to mediation.
FDR is confidential unless exceptions provided for in the Family law Act exist.
FDRP’s like mediators are aware of the need to preserve safety for parties and to ensure that each party is able to negotiate on a level playing field. They are required to assess parties carefully before accepting them into family dispute resolution.
Like mediators they are trained to recognise power imbalances between parties and to take steps to promote parties’ self-determination in the mediation. They are also very aware of the effects of family violence and abuse on children and parties.
Children may sometimes be involved in FDR, only under very specific circumstances and with guidelines agreed between the FDRP and the parties.
Who are the family dispute resolution practitioners?
The AIFLAM website provides details of members who are both Nationally Accredited Mediators and FDRP’s, most of whom are also experienced family lawyers. In a complex children’s matter or financial and parenting dispute this experience can be of great assistance.