Our Process
Our Process at Family Resolutions Mediation
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This can occur in the form of a self-referral or referral from another professional.
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The intake session is the initial, usually individual, meeting (30-45 minutes) with Administrative Support to onboard the client.
Purpose: To explain the FDR process, provide legally required information, clarify confidentiality, identify the issues in dispute, and gather background information.
Action: It is a "Getting to know you" phase where the client has an opportunity to discuss their parenting matter and separation story with the administrative staff and provides an opportunity for the client to receive information regarding how mediation works (e.g., shuttle vs. joint mediation).
Focus: Administration, education, and information gathering.
Party A must provide the contact details (phone number, residential address and email address) of Party B to be contacted. It is also mandatory for our process to be provided with any current Parenting Plans, Court Orders, Interim Family Violence Orders (IFVO) or Family Violence Orders (FVO) at this stage.
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An FDR Assessment in Family Dispute Resolution (FDR) is a 1 hour mandatory, private, and confidential pre-mediation assessment conducted individually over a scheduled phone call with each party by a Family Dispute Resolution Practitioner (FDRP) . It involves screening for safety, family violence, and mental health issues and aims to ensure that all parties can negotiate freely. This not only helps identify if mediation is suitable and safe to occur, but also helps recognise if it is inappropriate to invite the other party to attend mediation.
The assessment is the mandatory, legislated requirement to screen for safety, risk, and suitability for mediation.
Purpose: To determine if the parties can negotiate freely and safely without risk to themselves, the practitioner, or children.
Action: A detailed screening for family violence, power imbalances, substance abuse, and mental health vulnerabilities.
Focus: Risk assessment, capacity, and safety screening
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Regulatory Requirements: If it is safe to do so, at least two attempts to contact Party B must be made, with at least one attempt in writing.
Information Provided: The invitation explains what FDR is, its voluntary nature, and that the goal is to reach a Parenting Plan or Agreement.
If Party B chooses to not attend Mediation or does not respond to the two invitations to Mediation: The invitation informs Party B that if they refuse to attend or fail to engage, the practitioner may issue a Section 60I Certificate. This certificate is required for Party A to apply to the court for parenting orders
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An FDR Assessment in Family Dispute Resolution (FDR) is a 1 hour mandatory, private, and confidential pre-mediation assessment conducted individually with each party by a Family Dispute Resolution Practitioner (FDRP) . It involves screening for safety, family violence, and mental health issues and aims to ensure that all parties can negotiate freely. This helps identify if mediation is suitable and safe to occur.
The assessment is the mandatory, legislated requirement to screen for safety, risk, and suitability for mediation.
Purpose: To determine if the parties can negotiate freely and safely without risk to themselves, the practitioner, or children.
Action: A detailed screening for family violence, power imbalances, substance abuse, and mental health vulnerabilities.
Focus: Risk assessment, capacity, and safety screening
It is mandatory for our process to be provided by Party B with any current Parenting Plans, Court Orders, Interim Family Violence Orders (IFVO) or Family Violence Orders (FVO) at this stage.
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An FDR Assessment in Family Dispute Resolution (FDR) is a mandatory, private, and confidential pre-mediation assessment conducted individually over a scheduled phone call with each party by a Family Dispute Resolution Practitioner (FDRP) . It involves screening for safety, family violence, and mental health issues and aims to ensure that all parties can negotiate freely. This not only helps identify if mediation is suitable and safe to occur, but also helps recognise if it is inappropriate to requisition the other party to attend mediation.
The assessment is the mandatory, legislated requirement to screen for safety, risk, and suitability for mediation.
Purpose: To determine if the parties can negotiate freely and safely without risk to themselves, the practitioner, or children.
Action: A detailed screening for family violence, power imbalances, substance abuse, and mental health vulnerabilities.
Focus: Risk assessment, capacity, and safety screening
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Outcome of Suitability Discussion: If after completing both FDR Assessments separately with Party A and Party B and if the FDRP deems the Parenting matter to continue to Mediation, the FDRP (not Party A) will contact both parties and offer them a Mediation date.
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Throughout the 3 hour mediation session, The Family Dispute Resolution (FDR) practitioner will assist the parties to identify the key issues requiring resolution and will encourage respectful consideration of each other’s perspectives.
The practitioner will guide discussions to ensure they remain focused on the children’s best interests and the matters in dispute. Options and potential solutions will be explored collaboratively with the aim of reaching practical and sustainable outcomes.
In some circumstances, it may not be appropriate for the parties to be in the same room. Where this occurs, the practitioner may conduct the mediation by moving between separate rooms, a process known as shuttle mediation. At times, the practitioner may also meet privately with each party to facilitate progress or explore negotiation options.
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The 5 types of section 60I certificates an FDR practitioner can issue are:
(A) The person did not attend FDR due to the refusal or failure of the other person or people to attend.
(B) The person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.
(C) The people attended FDR, conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.
(D) The people attended FDR, conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.
(E) The people began FDR, but part-way through, the practitioner decided it was not appropriate to continue.
FDR practitioners use their professional judgement to determine the most appropriate category of section 60I certificate to issue, based on the circumstances of the case.
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A final copy of your Agreements Reached or Parenting Plan from the Mediation session will be sent to both parties individually via nominated your email addresses.
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Your journey with Family Resolutions Mediation has come to a close and we can refer (if required) to solicitors who can help you draft your Parenting Plan into a legally binding consent order or provide further legal advice.