Family Dispute Resolution - What is it?
The law in Australia requires separating families who have a dispute about children to make a genuine effort to try to sort it out through family dispute resolution (FDR) before filing an application for parenting orders in court.
An FDR practitioner is an independent person who can help people discuss issues, look at options and work out how best to reach agreement in disputes about children.
This requirement applies to anyone wanting to file an application with a family law court. It also includes those seeking changes to an existing parenting order. There are a few exceptions to this requirement, such as cases involving family violence, child abuse or urgency.
Unless an exemption applies, parties seeking to have a parenting matter determined by a family law court will need to file a certificate from an accredited FDR practitioner. The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate.
It is important to note however that the method that an FDR practitioner's uses have limitations. Their method for mediation does not address underlying grievances and other feelings of resentment towards their former partner, therefore making it challenging for parents to come to an agreement.
In order for parents to come to an agreement when it comes to parenting plans, negotiations are more effective if there are positive feelings towards the other party and a willingness to be amicable. People's ability to listen and consider the other person's view is improved when we first discuss and acknowledge past issues, and to demonstrate an understanding of each others situation.
In many most cases of divorce, its important to attend to the emotional issues in the short term in order to get better outcomes in the long term. Services that use a Restorative Practice approach tend to gain better outcomes for all involved when it comes to 'mediation' and negotiation relating to parenting plans and property settlements.
Remember, the journey of divorce and our ability to agreeing on the best way to co-parent is more about our emotions and the way we feel about ourselves and our former partner than what the family law says in terms of our entitlements.
Unless an exemption applies, parties seeking to have a parenting matter determined by a family law court will need to file a certificate from an accredited FDR practitioner. The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate.