Family & Property mediation

Summary of what Family Dispute Resolution is

Family Dispute Resolution (FDR) is a process designed to help separating or divorcing families resolve disagreements—particularly about parenting arrangements, finances, or property—without going straight to court. It’s a form of mediation that focuses on encouraging families to communicate, negotiate, and reach mutually acceptable agreements in the best interests of everyone involved, especially children.

Key points about FDR:

FDR is about helping families resolve disputes amicably, fairly, and with less stress and cost than going through a court battle.

The Mediation steps we use in a session

Intake & Assessment

Each party first meets separately with the Family Dispute Resolution Practitioner (FDRP). The practitioner checks whether FDR is appropriate (e.g., screens for safety issues like family violence, coercion, or child abuse). If FDR is suitable, the practitioner explains the process, ground rules, and confidentiality.

Preparing for the Session

Both parties are encouraged to think about their main concerns, goals, and possible solutions. Sometimes parties can bring legal advice beforehand so they know their rights and responsibilities.

Joint Session Begins

The FDR practitioner sets the ground rules: respectful communication, no interrupting, focus on issues (not personal attacks). Each party has a chance to tell their story and explain what they want to achieve.

Identifying Issues

The practitioner helps both parties list the main points of disagreement (e.g., parenting schedules, school decisions, finances, property division). Issues are prioritized so discussions stay structured.

Exploring Options

The parties brainstorm possible solutions with the help of the practitioner. The practitioner ensures that the conversation stays balanced (so neither side dominates). Child-focused approaches are emphasized — often the practitioner will ask, “How will this decision affect your child?”

Negotiation & Agreement

Both parties negotiate until they reach mutually acceptable solutions. If agreements are reached, they can be recorded in: A Parenting Plan (informal but flexible), or Drafted for Consent Orders (lodged with a court to make them legally binding)

If No Agreement is Reached

The FDRP may issue a Section 60I Certificate (in Australia) which allows parties to apply to the Family Court. Even if full agreement isn’t reached, narrowing down the issues can still save time and stress in court.

After the Session

Parties may seek independent legal advice about the agreement. They may also revisit FDR in the future if circumstances change.

Example of a family dispute

Background

Emma and James have recently separated. They have an 8-year-old son, Lucas. Emma wants Lucas to live with her full-time and only see James on weekends. James wants equal shared care (week-on, week-off).

Intake & Screening

Both Emma and James meet separately with the FDR practitioner. No history of violence or abuse is found, so FDR is considered appropriate.

Opening Session

The practitioner explains ground rules: respectful communication, focus on Lucas’s needs. Emma and James both express their concerns. Emma: worried about school stability and routine. James: wants to stay closely involved in Lucas’s daily life.

Identifying Issues

Together with the practitioner, they identify key issues: Where Lucas will primarily live. How school pick-ups and drop-offs will be handled. Time with each parent during school weeks and holidays.

Exploring Options

The practitioner encourages brainstorming: Emma suggests weekends and one overnight midweek with James. James suggests equal time (one week each). Practitioner reframes discussion to be child-focused: “What arrangement will give Lucas stability and strong relationships with both parents?”

Negotiation

After back-and-forth discussion, they compromise: Lucas will live mostly with Emma during the school week. James will have Lucas every second weekend plus a Thursday overnight (so Lucas sees him midweek). School holidays will be shared equally.

Property & Financial Disputes in FDR

When couples separate, they often need to divide:

The goal in FDR is to reach a fair division of property and finances without going to court..

Process

Full Disclosure

Identifying Issues

Exploring Options

Negotiation

Agreement

Parenting vs Property/Financial FDR

Aspect	Parenting FDR	Property & Financial FDR
Main Focus	Child’s best interests, living arrangements, time with each parent.	Fair division of assets, debts, and financial resources
Common Issues	– Where children live – Parenting schedules (weekends, holidays) – Schooling, health, religious decisions	– Division of property (house, car, belongings) – Debts and mortgages – Superannuation (retirement funds)
Guiding Principle	Child-focused: stability, safety, ongoing relationships.	Just and equitable division of property and finances.
Information Required	Parenting needs, child’s routine, safety concerns.	Full and frank financial disclosure (assets, debts, income, superannuation).
Possible Outcomes	– Parenting Plan (informal) – Consent Orders (legally binding)	Financial Agreement (private) – Consent Orders (legally binding)
Time Sensitivity	Often urgent to ensure children’s routines are stable.	Can take longer, especially if property needs valuation or refinancing.
Benefits	Reduces conflict, protects children from stress, promotes cooperation.	Provides fairness, avoids costly litigation, ensures financial security.