Family Dispute Resolution (Mediation)
Separating or a Grandparent being denied access?
Courts can be costly. Why not try sorting out your access arrangements with the help of a fully trained and qualified Child-focused Family Dispute Resolution Practitioner (family mediator).
Assessment consultations are undertaken to ensure that mediation is an appropriate method for resolving disputes. Read more about the mediation process below.
How long does the assessment consultation take?
Initially a one hour consultation is carried out with each party to the proceedings to assess whether mediation is suitable to resolve your dispute.
What are the benefits of attending a family dispute resolution process?
If family dispute resolution is right for you, it will be a cost effective way to settle your dispute about the children post-separation. You could have your parenting and access issues resolved for less than $2000 for each party. That is far less than one day at court!
Children need their parents to sort out where their primary residence will be and when they can see the other parent if it is safe to do so. This needs to be done as quickly as possible and with the least amount of stress for the entire family.
Children also have a right to maintain relationships with loved ones as long as there are no safety concerns. It is the children's right to continue relationships with grandparents and other extended family members post parental-separation. It is not in their best interest be denied access from close family members they have come to rely on for comfort, love and security. It can be harmful to children when they are suddenly stopped from having contact with the people they love because one parent decides they have the power to cease contact.
An agreement between the parties can result in a 'good will agreement' that can be written as a Parenting Agreement. The Parenting Agreement can be modified to meet the developmental needs of the child.
The Parenting Agreement can form the basis of Consent Orders which are lodged in the Family Court if you need to have a legally binding agreement.
If you need to have your matter determined by the Family Court, and a Parenting Order is made, then you will have limitations in changing the Order, it will take longer to settle your dispute, and it will cost you money that could be spent elsewhere.
Do I have to attend Family Dispute Resolution?
Yes. You must attempt to resolve the matter through mediation before applying to the court. It is important to determine if your matter is suitable for mediation.
In some cases mediation is not appropriate. After consultation and a determination that mediation is not appropriate for your matter, you will be provided with certificate to proceed to court to have your matter heard by a Family Court Judge as per the Family Law Act (1975) s60i:
- a certificate to the effect that the person did not attend family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, because the practitioner considers, having regard to the matters prescribed by the regulations for the purposes of this paragraph, that it would not be appropriate to conduct the proposed family dispute resolution; certificate
If you wish to have your matter resolved by the court after attempting mediation first, you will need a Certificate of Dispute Resolution setting out details of the mediation process: outcome of the process; and conduct of the parties.
What are the next steps
Book your initial consultation today.
If appropriate to proceed, the other party will be invited to attend their initial consultation.
The other party will be sent an invitation to participate in a family dispute resolution conference. If the other party agrees to participate, they will also undergo an assessment to determine appropriateness.
If a mediation is assessed as suitable for all parties, a mediation conference can be booked. The mediation conference will usually take about 3 hours.
A mediation agreement/parenting agreement can be drafted and if both parties agree, an application for consent orders can be made. This is instigated by the parties following the conference.
2023 Fee structure
The fee structure for a typical FDR conference is $185 (plus GST) per hour per party.
- Intake and assessment - 1 hour per party
- Invitation to other party - 0.25 hours per invitation (paid by initiator)
- Conference preparation - 2 hours per party
- Conference (per 3 hours/part thereof) - 3 hours per party
- Additional conference time (or part thereof) - 1 hour per party
- Drafting Mediation/parenting agreement - 2.5 hours per party
- Mediation agreement/parenting agreement - 1 hour per party
- Section 60i Certificate - 1 hour per certificate
- Boardroom Fee - $250 approx (only required for f2f conference)
It is always wise to consult with a lawyer before you commence the process of mediation to understand your legal obligations under the Family Law Act 1975.