Mediation and Family Dispute Resolution (FDR)

 
 

Mediation

Mediation is a structured negotiation process in which an independent person, known as a mediator, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute. Mediation is an alternative to a judge imposing a decision on the parties. Sydney Counselling Centre’s mediators are qualified psychologists, and are trained and accredited under the Federal Court Mediator Accreditation Scheme (FCMAS).

Mediation offers many benefits over a trial by a judge, including:

  • Time: ordinarily a dispute can be resolved more quickly through mediation than through a trial.

  • Cost: if a dispute can be resolved through mediation, the significant costs of preparing and running a trial can be avoided. Additionally, after a trial the unsuccessful party may be ordered to pay the legal costs of the successful party.

  • Flexibility: mediation offers parties more control over the outcome. A mediation process which is customised to your needs can be arranged with the mediator at Sydney Counselling Centre.

  • Stress: mediation is less formal and less intimidating than appearing in court.

  • Confidentiality: mediation is private, and occurs only between the parties and the psychologist.

  • Satisfaction: because the parties decide and agree on the outcome of their dispute they are more likely to be satisfied with the result and to comply with what has been agreed.

  • Finality: settlement agreements can usually only be modified with the agreement of all parties.

Family dispute resolution

In order to make an application to the Family Law Courts about a parenting matter, parents must first demonstrate that they have attempted to resolve the issues with their former partner. This process is known as Family Dispute Resolution (FDR). There are some exceptions to the FDR requirement such as where cases involve family violence or where urgency is required.

Court may be avoided when the FDR is successful and the parents are able to resolve their parenting matters together with the help of a professional FDR practitioner. 

Family Dispute Resolution Practitioners at Sydney Counselling Centre are both qualified psychologists and accredited FDR practitioners by the Federal Attorney Generals Department. All our FDR practitioners meet the standards required by the Family Law Act (Family Dispute Resolution Practitioners) Regulations 2008.

During the FDR process, parties discuss the issues in dispute, develop and consider options for resolution of these issues, explore the appropriateness of these options and agree to options that are in the best interests of the child.

After the FDR process has concluded, a written Parenting Plan may be produced, which reflects the agreements reached by all parties. One or both parents may then decide to continue their progress with a psychologist at Sydney Counselling Centre. They may undertake individual, couple or family therapy. Sometimes, parents then decide to apply to the Court to formalise the Parenting Plan and make an application for a Consent Order.

Sydney Counselling Centre’s psychologists can issue section 60 I certificates to present to Court if the parenting issues have not been resolved through the FDR process. A section 60 I certificate is usually required to commence court proceedings.