TC Mediation

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FDR Mediation

Family Dispute Resolution

FDR Mediation

Family Dispute Resolution (FDR) Process

The FDR process begins with an individual intake session where the FDR practitioner will get a better understanding about your situation and issues in dispute, identify any risks and vulnerabilities as well as any adjustments required to make the process as safe and supportive for you as possible and help you prepare for the mediation session. This is also an opportunity to ask any questions you may have about the mediation process.

After meeting with both parties individually the FDR practitioner will make an assessment whether your situation is suitable for FDR. 

If determined to be suitable we will discuss availability of each party and schedule the joint mediation session at mutually suitable time.

Family Dispute Resolution (FDR) helps people respectfully discuss parenting and/or financial issues, consider options and reach mutually suitable agreements which take everyone’s interests into consideration. Best interests of the child is the guiding principle of family law mediation.

FAQS

We can not guarantee that you will reach an agreement. Self-determination is fundamental to the mediation process, meaning it is up to you both whether you settle your dispute(s) and the terms of the settlement. What we can guarantee is that we will make the process safe, respectful and supportive for you both and do our best to create the positive environment for respectful discussion of the issues in dispute and their resolution. Reaching agreement in mediation is voluntary.
Mediation is a voluntary process; therefore we cannot make anyone attend or agree to mediate. We will however explain the benefits of mediation and possible consequences of refusal to participate, such as issuing section 60i certificate (parenting matters) for non-attendance and such certificate being considered by the Court.
If you resolve your issues, we will provide you with a written points of agreement reached in FDR. We will also give you information on how to formalise the agreement and make it legally binding, if you decide to.
No. All agreements reached in mediation are goodwill agreements and are not legally enforceable.
Any agreement reached in mediation regarding parenting is called a Parenting Agreement. It is not legally binding. If you voluntarily sign and date your Parenting Agreement it becomes a Parenting Plan. It is not legally binding or enforceable but must be considered by the Court. Only Court can make Parenting Orders and they are legally binding and enforceable.
You can make your agreements legally enforceable by applying to court for Consent Orders. Consent Orders are legally binding and enforceable with the same legal status as Court Orders made by a judge but you will not be required to go to court.
If no agreement is reached in the FDR process and a section 60i Certificate is issued (parenting only) the FDR process will be deemed to be completed. S60i certificate is valid for 12 months. Either party may request FDR again in the future or decide to file an initiating application in Family Court. No section 60i certificate is required for property-only matters. If you do not reach an agreement in mediation regarding your financial settlement you can re-attempt mediation with the same or different practitioner, attempt lawyer-assisted negotiations or apply to the Court for property order.
If your mediation session has been ordered by the Federal Circuit and Family Court of Australia (FCFCOA) a Certificate of Dispute Resolution will be prepared by the FDR Practitioner upon completion of the dispute resolution process. If agreement is reached your agreement can be used to apply for Orders by Consent to present to the Court and finalise your FCFCOA case.
In most cases you can, unless your current orders specifically say that your orders can not be varied. In most cases attempting FDR is required before applying to court to change an existing parenting order. Dated and signed Parenting Plan can replace the terms of a Parenting Order without the need to go back to court.
No. Property orders are final and legally binding.

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TC Mediation

Family Dispute Resolution & Mediation

Providing a safe and respectful environment allowing effective dispute resolution and help you reach an agreement

Contact Information

Services

  • Parenting Mediation
  • Property/Financial mediation
  • Online Delivery
  • Shuttle mediations (online)
  • Legally Assisted Mediation
  • Specialist Mediation Services
  • Specialist Mediation Services - Language Other than English – Russian
  • Section 60i certificates
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