Family Dispute Resolution (FDR) is a process designed to help separating or divorcing couples resolve disputes related to family law matters, such as child custody, property division, and financial arrangements. The goal is to reach an agreement without going to court, which can be costly, time-consuming, and emotionally draining.
Types of Family Dispute Resolution Options in Australian Family Law
- Mediation: A neutral third party (mediator) facilitates discussions between the parties to help them reach a mutually acceptable agreement. The mediator does not impose a decision but assists in negotiating a settlement.
- Conciliation: Similar to mediation, but the conciliator may take a more active role in suggesting solutions and guiding the parties towards an agreement. This model is adopted by the Court which allocates a Registrar as a Conciliator to many matters if deemed suitable.
- Arbitration: A more formal process where an arbitrator listens to both parties and makes a binding decision. This is less common in family law but can be used for specific issues. Arbitrated awards can have the same effect as a Court Order and there is a process involved which you need to carefully consider with the assistance of an experienced lawyer.
- Collaborative Law: Each party has their own lawyer, and all parties agree to work together to resolve disputes without going to court. If the process fails, the lawyers cannot represent the parties in court.
- Family Counselling: Focuses on improving communication and resolving personal and interpersonal issues related to the separation or divorce. This is useful in actually resolving underlying issues rather than achieving Court Orders which do not necessarily have any remedial or curative effect on an underlying dysfunction or issues within a family.
Advantages and Disadvantages of Each Option
| Type | Advantages | Disadvantages |
| Mediation | Cost-effective, time-saving, confidential, promotes cooperation | May not result in an agreement, requires willingness to cooperate |
| Conciliation | Similar to mediation but with more guidance from the conciliator | May still not result in an agreement, requires willingness to cooperate |
| Arbitration | Binding decision, less formal than court, can be quicker | Can be costly, less flexible, decision is binding |
| Collaborative Law | Lawyers assist in negotiations, promotes cooperation, less adversarial | If it fails, new lawyers must be hired for court proceedings, can be costly |
| Family Counselling | Focuses on improving communication, emotional support, long-term benefits | May not address legal issues directly, requires willingness to participate |
Each option has its own strengths and weaknesses, and the best choice depends on the specific circumstances of the dispute and the preferences of the parties involved. It’s often helpful to seek legal advice to determine the most suitable approach.
Michael Vassili is an accredited Specialist in Dispute Resolution and a Nationally Accredited mediator and conciliator, being recognised by the Law Society (and NMAS) and his peers as having reached the requisite level of experience and knowledge over thirty five years of practice and in passing the required specialist exams. Only a very small percentage of lawyers are awarded accredited specialist status within the profession. Michael is specialised in litigation including Family Law and can assist in resolving your family law dispute rather than protract or enlarge it which can occur if you take an ill considered approach to your matter. Call on 1300557819 for a free conference to determine how we can assist you to resolve your dispute.
