What about confidentiality during the FDR process?  The Family Law Act ensures that what is said and takes place at family dispute resolution remains confidential.  The Act provides confidentiality except in certain cases such with the consent of the parties involved, or  

• preventing or lessening a serious and imminent threat to the life or health of a person; or
• reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person; or
• preventing or lessening a serious and imminent threat to the property of a person; orreporting the commission, or preventing the likely commission, of an offence involving intentional damage to property of a person or a threat of damage to property.

The parties to family dispute resolution can therefore be assured that what is said and done remains confidential, resulting in full, frank and meaningful discussions which assists in leading the parties to resolution of the issues in dispute. 

How can I help?

I am an accredited Family Dispute Resolution practitioner as defined by Section 10G of the Family Law Act and is an experienced family lawyer and mediator.  I have conducted many family dispute resolution processes under the Family Law Act with the vast majority of cases ending in final agreement.  In some cases the parties have reached an interim agreement on the basis that they will consider how the interim arrangement works before moving to a final arrangement. Arrangement for children need to be flexible, allowing both the children and the parents to adapt to changing circumstances.  Whilst Court orders provide enforceability Parenting Plans provide flexibility allowing even Court Orders to be changed by the agreement of both parents.

It is not necessary that you have a lawyer attend with you at family dispute resolution but there is no impediment to your lawyer attending, in fact I often find that lawyers assist the process in most cases by providing sensible advice and guidance to their clients. 

If you have a family law dispute all you need to do to get immediate assistance is to contact our office and speak with me, or our friendly staff, outlining the issues in dispute and the names and addresses of the parties and the children involved.  I can then issue a written invitation to the other party to attend FDR.  Upon receiving a response suitable times for an intake session will be arranged (often by telephone with the purpose of ascertaining the issues in dispute, whether the matter is suitable for mediation and educating the parties about the process) and also arrange for a time and date for the mediation.  

I have mediation rooms available at our Springwood office and if necessary can attend a suitable venue arranged by the parties or their solicitors.

What if the other party refuses the invitation or an agreement is not reached at FDR? 
An FDR practitioner's role under the Family Law Act is to facilitate an agreement being reached, however if that is not possible then a Certificate under Section 60I of the Family Law Act may be issued by the FDR practitoner.

The certificate can state that a party refused to attend, that the matter was unsuitable for FDR (eg because of family violence), that the parties attended but despite making a genuine attempt they could not reach agreement, that the process was started but abandoned because the FDR determines that it should not continue or alternatively that the process took place but a party or parties did not make a genuine attempt to resolve their differences.

There are possible consequences if the matter proceeds to Court if the certificate states that a party refused to participate or did not make a genuine attempt to participate such as a costs order being made against that party or the parties may be ordered to attend FDR.