The role of the Family Dispute Resolution Practitioner (FDRP) is mainly to facilitate a process (mediation) whereby individuals can reach agreement over care of their child/ren; support the elder person or discuss conflict issues in the family in a safe environment.
The FDRP will:
Under the Family Law Act, a Section 60I Certificate is required prior to making an application to the court for a Parenting Order.
The Section 60I Certificate is only required if a couple are unable to reach agreement themselves during Family Dispute Resolution or it is unsuitable to proceed the Family Dispute Resolution.
The Section 60I certificate is issued by a Family Dispute Resolution Practitioner who is registered with the Attorney General's Department.
The Section 60I Certificate is only issued under the following five circumstances:
Family mediation does not guarantee a settlement agreement, and it is possible that you may still end up in court. However, for most cases, mediation results in an agreement that respects the rights of all parties and keeps the focus on what is best for their child/ren or elder person.
Waiting times –
People can spend months negotiating through lawyers’ letters. The court structure and system can drag on for years. Mediation can occur within a few days, depending on the availability of the parties involved.
Mediation is child-focused / elder focused-
The welfare of the parties’ child/ren or elder person will be the most important consideration in any discussion.
Mediation seeks to empower those in conflict to resolve their own disputes. The mediation process gives each party equal opportunity to speak, to be understood, and to propose solutions. Mediators can help the parties work through all issues that is needed to be resolved so that the parties can get on with their lives.
Custom made agreements-
At family mediation, you can come to an agreement that considers your family’s specific needs and requirements. Agreements reached in this environment are more likely to be practical.
It is cheaper than going to court -
While going to court may be necessary for certain situations, not everyone has the financial means or desire to go to Court. Parties share the cost of one mediator, instead of each paying a lawyer to negotiate or go to court for him or her.