The FDR Process

Family dispute resolution (FDR) is a process that helps couples and families who are in conflict to communicate with each other and reach agreement about issues relating to their separation (such as child care, child support, financial arrangements and property settlement).

Family dispute resolution is now compulsory, in the sense that people who wish to go to Family Court to reach a settlement in relation to their children (parenting matters) are now required to first attend FDR, and make a 'genuine effort' to resolve their disputes.  Some exceptions to this requirement apply - for example, in situations involving family violence or child abuse, or in urgent matters.

FDR certificates

How the process works

In family dispute resolution, a meeting of the disputing parties is facilitated by an independent third party (the FDR practitioner). Everyone gets the opportunity to express his or her own point of view and is free to talk about issues of concern, with everyone present. The FDR practitioner assists each party to sort out the issues and come up with acceptable solutions, and make agreements that are satisfactory for all parties. Decisions made during FDR are not legally binding.

The family dispute resolution process involves the parties:
•    listening to each other's point of view without interruption
•    identifying issues which need to be resolved
•    sharing of relevant information
•    exploring ideas and options
•    testing possible solutions
•    putting decisions and agreements in writing.

The role of family dispute resolution practitioners

Family dispute resolution practitioners are highly-skilled people from a variety of professional backgrounds, such as law and the social sciences. They are trained in resolving disputes relating to families.

FDR practitioners do not give legal advice but will explore general principles that apply to couples who are separating.  They may give advice in relation to children and parenting matters, focusing on 'the best interests of the child'.

Family dispute resolution practitioners are trained to be impartial and even-handed. They control the process, not the content that is discussed, and they maintain the confidentiality of the process, subject to limitations established in law.  They focus on finding solutions and helping the parties to resolve their dispute. The practitioners ensure that everybody agrees to the decisions being made.

What can participants expect?

Participants must be prepared to follow the family dispute resolution process. They must be willing to listen to the other party and be genuinely willing to negotiate and commit to reaching a solution and considering a compromise.

Benefits

Family dispute resolution has a number of benefits. For instance, it:
•    saves money and delays, because it is cheaper and quicker than the Court process
•    promotes co-operation and improves communication, which assists parenting and other relationships
•    provides a structure in which future disputes can be resolved more readily
•    maintains an individual's control in the decision-making process: there are no imposed decisions
•    is generally less stressful or traumatic than court proceedings
•    is a more effective means of conflict resolution: people are less likely to breach agreements that they have made themselves.

Alternatives

The alternatives to family dispute resolution are:
•    do nothing
•    continue the conflict
•    seek the assistance of friends in resolving the dispute
•    seek Arbitration, which is a less formal legal process to resolve the dispute than going to Court
•    instruct lawyers to negotiate agreements on your behalf
•    commence court proceedings
•    resolve the issues yourselves, without professional assistance.

Download a brochure about What is Family Dispute Resolution?

FDR certificates

If you want to apply to the court for a parenting order you will need a certificate from a registered family dispute resolution practitioner in order to confirm that an attempt at family dispute resolution was made.

All of our FDR practitioners are registered.  To find your nearest Relationships Australia (Victoria) practitioner, view the list of RAV locations or Family Relationship Centres - Locations. For general enquiries about family dispute resolution, call 1300 364 277.

There are some exceptions to the requirement for a certificate, including cases involving family violence or child abuse.  For more information visit the Australian Government's Family Relationships Online website at www.familyrelationships.gov.au