Family Dispute Resolution

Family Dispute Resolution (FDR)

Family dispute resolution (FDR) is a confidential, structured process, often legally required, where an independent practitioner helps separating couples reach agreements on parenting or property matters outside of court. It focuses on the best interests of children, aiming for faster, less stressful, and cheaper solutions compared to litigation. Generally, the most affordable option is through Relationships Australia. Private FDR practitioners will have shorter waiting times, quicker turn around, but for a fee. If you need to obtain a s 60I certificate sooner, then a private FDR practitioner is probably a better choice.

Family Dispute Resolution for Parenting Matters

Parties are generally required by the Federal Circuit and Family Court of Australia to make a genuine effort to use FDR before filing for parenting orders. A trained FDR practitioner (mediator) facilitates negotiation, helps identify issues, and encourages compromise. It is not a legal service and practitioners cannot impose decisions. Generally, what is said in FDR cannot be used in court if a later trial occurs, making it a safe space to negotiate. If time allows and the mediator agrees, you can also discuss child support arrangements. If an agreement is reached, it can be formalized by your solicitor into a parenting plan or preferably a legally binding Consent Order. Exceptions to mandatory FDR exist for cases involving family violence, child abuse, or extreme urgency. Where an exception applies, you do not need to obtain a s 60I certificate before issuing proceedings. At Jano Family Law, we can assist you to issue court proceedings for a fixed fee, please see our Fees page for more details.

Family Dispute Resolution for Property and Financial Matters

Dispute resolution for family law property matters involves methods like mediation, conciliation, and negotiation to settle asset division outside of court. Usually it is mandatory to attempt dispute resolution before initiating proceedings. These processes are designed to be quicker, cheaper, and confidential, helping couples reach binding, legally enforceable agreements. Options at the pre-action stage include direct negotiations, lawyer-led negotiations and mediation.

Direct Negotiations: This is where parties attempt to negotiate directly between themselves to reach an agreement. For many separating couples, this works, however there are pitfalls for the unwary and some people end up agreeing to an unfair settlement, or are misled about the true size of the asset pool as there has not been adequate disclosure, valuations and investigation on their part. Having said that, if you do reach an agreement, a lawyer can then assist you to draft a Binding Financial Agreement or a Consent Order to formalise this. Jano Family Law does this for a fixed fee, please see our Fees page for more details.

Lawyer-led Negotiation: This is where parties and their lawyers negotiate directly to reach a settlement. Most lawyers will charge on an hourly basis and costs can easily escalate due to the need to deal with urgent issues, exchange full and frank disclosure, prepare a balance sheet, obtain valuations, take instructions and advise the client about the appropriate range for a just and equitable settlement. At Jano Family Law, we offer a fixed-fee, monthly subscription retainer for Negotiating a Settlement, please see our Fees page for more details.

Mediation: This is where a qualified, impartial mediator helps separating couples negotiate an agreement. Options include government funded services such as through Relationships Australia (which may sometimes include very lengthy waiting periods or simply not be available if the matter is a property only matter) or a private mediator. A decision needs to be made about whether to try mediation before issuing proceedings, or to wait for a court-ordered mediation or Conciliation Conference (court-based mediation with a Registrar, only available in the course of ongoing litigation and subject to resources being available). There are pros and cons with either a pre-action mediation or a court-ordered mediation. Where there is difficulty with obtaining full and frank disclosure, where valuations are needed, or where investigative steps such as issuing subpoenas are needed, then you should not mediate until those issues have been addressed. If you do reach an agreement through mediation, a lawyer can then assist you to draft a Binding Financial Agreement or a Consent Order to formalise this. Jano Family Law does this for a fixed fee, please see our Fees page for more details.

Pre-Action Procedures: The law generally requires you to make a genuine attempt to resolve disputes before filing court proceedings, unless an exemption applies. If you do need to issue proceedings, usually a Notice of Intention to Commence Legal Proceedings needs to be sent first. Jano Family Law does this for a fixed fee, please see our Fees page for more details.

Full and Frank Disclosure: Parties are required to exchange all relevant financial information, including but not limited to bank statements, tax returns, and superannuation details. It is not only mandatory to exchange full and frank disclosure, but it is in your own best interests to maintain records so that down the line, if it becomes necessary for you to prove that you did disclose everything truthfully and completely, that you can actually do so. At Jano Family Law we use a specialised disclosure management system which keeps an exact and detailed record of each document disclosed or received and the exact date and time at which this occurred.

Time Limits: For married couples, property matters should be filed within 12 months of a divorce order. For de facto couples, the limit is within two years of the relationship breakdown. Missing this deadline can be problematic and you would need to apply for leave from the court to proceed out of time, this is not always granted. To be safe, even if you are still negotiating, you should issue proceedings before your are out of time to secure your rights, you can then continue negotiating while the court process provides a structured pathway to final resolution even if you cannot reach an agreement.

Contacting Jano Family Law

If you need assistance with dispute resolution, or issuing/responding to court proceedings, feel free to contact Jano Family Law using our New Client Form or by text to 0473 209 336.