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Family Dispute Resolution (Mediation)

Navigating Family Disputes with Care

The family law system encourages separated parents to try and agree on arrangements for their  children without having to go to court. Family Dispute Resolution is a specialized type of mediation,  is a practical, less stressful and less expensive way for separated families to sort out these  arrangements and create a written parenting agreement/plan as requested. Agreements made  during Family Dispute Resolution are not legally binding but can be made into a Parenting Plan or  Consent Order with legal advice. 

What is Family Dispute Resolution?
(also known as Mediation)

Family Dispute Resolution (FDR) is a process that encourages separated parents to meet together  to discuss and make decisions regarding parenting arrangements for their children. Family Dispute  Resolution can also be used to resolve property and/or financial issues after separation (“Property  Mediation”).

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​Separating parents often face a range of issues that they need to resolve for the benefit of their  children and themselves. These issues may include; living arrangements for the children, holiday  arrangements, education, achieving effective communication as parents, child support/children’s  expenses, health care, and many other parenting issues.

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  • Communication and Conflict Resolution: Facilitating constructive dialogue and helping family members develop effective communication and conflict resolution skills.

  • Divorce and Separation: Addressing plans for separation and moving into two homes.

  • Parenting Plans: Creating comprehensive parenting plans that prioritise the well-being and best interests of the children involved, this may include issues such as parenting arrangements, how children spend time with each parent, decision making and communication between family members.

  • Property & Financial Matters: Resolving disputes related to child support, property division, and financial settlements.

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Family Dispute Resolution Practitioner (FDRP)

Bianca Roche-Bolger is an accredited Family Dispute Resolution Practitioner by the Attorney General’s Department. Bianca provides Family Dispute Resolution as described in the Family Law  Act and can also issue section 60I certificates as required/requested.

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The role of the Family Dispute Resolution Practitioner:

A Family Dispute Resolution Practitioner (FDRP) plays a neutral role and does not take the side of  either participant, regardless of whichever parent started the process. The role of the Family Dispute  Resolution Practitioner is to help parties in dispute to come to points of agreement on parenting  and/or property matters and other associated issues that may be in dispute. Where there are  children involved, the Practitioner will encourage parents to think about the needs of their  child/children and assist them in making decision together that are developmentally appropriate  and in the best interests of their child/children. 

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The role of the FDRP is not to give legal advice. The FDRP is independent and impartial. The FDRP  does not make decisions for parties. The FDRP however may at times encourage exploration of  options to help the parties reach best outcomes. The FDRP will help parties communicate  respectfully in a safe and comfortable environment. 

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The FDRP will assist parties to: 

• Identify and clarify the issues in dispute 

• Develop and consider possible options to resolve those issues  

• Explore the practicality and acceptability of option 

• Help develop solutions that are in the best interests of the children

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Participation in Family Dispute Resolution:

FDR is a voluntary process, however before filing an application in the Federal Circuit and Family  Court of Australia for an order in relation to a child, the parties are required, with some exceptions,  to attend FDR and to make a genuine effort to resolve any dispute relating to children. Exceptions  may include, for example, an urgent application to the court, family violence, child abuse or an  inability to contact one party.

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You should be aware that if Family Dispute Resolution is required and you do not attend, or make a  genuine effort to resolve the dispute, should the other party choose to take the matter to Court,  then the consequences may be that;

  • The hearing of your case may be delayed, 

  • The Court may order you and the other party to attend Family Dispute Resolution, and/or

  • The Court may take this into account in deciding costs (you could be ordered to pay some or all of the other party’s legal costs).

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Child Inclusive Family Dispute Resolution:

At times, with the agreement of both parents, the children are also invited to participate in the  process through a child consultation. Bianca is also an experienced Child Consultant and can provide  support to children and include their “voice” in the process when appropriate. Further information  on child inclusive mediation and its suitability can be requested. 

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It is important to consider the views of children and how any agreements reached in Family Dispute  Resolution may impact on the children. For example, the FDRP may consider the impact of parental  conflict on children and/or relevant aspects of child development.

 

Parenting Plan:

If parents wish to develop a parenting plan the FDRP can assist in the preparation. Parenting plans  are not legally enforceable; however the parenting plan may be used as the basis for Consent Orders  to be lodged at the Federal Circuit and Family Court of Australia and may be considered as part of  any legal or court proceedings including proceedings brought in relation to existing Parenting Orders.

 

Certificate 60I’s:

The Family Law Act 1975 requires parents to obtain a certificate from a Family Dispute Resolution  Practitioner before filing an application in court. To obtain this certificate you must attend mediation  (Family Dispute Resolution) and try and attempt to resolve any problems that you have in relation  to your child/children. If the participants cannot agree in Family Dispute Resolution the Practitioner will, on request, issue  you with a 60I certificate. This Certificate is needed in order to commence court proceedings.

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Legal Advice 

The Family Dispute Resolution Practitioner does not provide legal advice. Parties are encouraged to  seek legal advice at any stage in the FDR process and the FDRP may recommend parties seek legal advice. 

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Support Persons 

With prior agreement of both parties and the FDRP, support persons may attend FDR. Support  persons do not speak or participate in the process. Support persons are required to sign a  confidentiality agreement.

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Family & Relationships Services Australia

Being Brave: The role of the FDRP in Child-Inclusive FDR

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Bianca Roche-Bolger, Belinda Taranto 

 

4 June 2019

View original page >

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The importance of giving children a voice within FDR is widely supported, but what does it take for Family Dispute Resolution Practitioners (FDRPs) to effectively include children? While the role of the Child Consultant has received attention there has been less emphasis on the importance of the FDRP. In this presentation experienced practitioners share their reflections on why FDRPs do not regularly include children in FDR processes. To give children a voice, FDRPs need courage to share their case and appreciation of their continuing role throughout CIP. Ultimately the partnership between mediator and child consultant is critical to bringing safe, meaningful child inclusion to the heart of FDR.

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Belinda Taranto and Bianca Roche-Bolger will outline pivotal aspects of their working relationship as an FDRP and Child Consultant at Relationships Australia NSW. They will share illustrative case studies of their work within the RANSW facilitative model of FDR; and explore what they have learnt about the role the FDRP plays in promoting, assessing and facilitating Child Inclusive FDR. They will finally discuss their views on what motivates and enables FDRPs to work within the CIP multi-disciplinary model and invite reflection on the skills, knowledge and attitudes needed for this work.

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This presentation will be relevant to both FDRPs who have not worked with a Child Consultant, and experienced practitioners who might be interested in reflecting on their role within a CIP and how to work better with their relationships and referrals.

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BRB Mediation helps you and your family navigate rough waters by providing therapeutic and legal mediation services during times of marital or parental conflict. By specialising in children's mental health you can feel reassured that your child is prioritised in every solution we create together.

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