Dispute Resolution is now the first step in the legal process when disagreements involve children or property. Working through your problems with the help of a Family Dispute Practitioner (FDRP) can save you time and money. Even if you can't agree on all your issues, you've completed your pre-filing requirements and take fewer matters to Court.

At the end of a close relationship, many couples are shocked to realise how entangled their lives are. They may fear, the hopes and dreams they have invested in their children and their homes are at risk. Ongoing conflict, plus money or health concerns, can leave people feeling overwhelmed. They may think their only way out is going to Court.

The Court, on the other hand, sees legal action as a last resort. The current practice of digging up dirt on the ex to make them look bad compares to pouring petrol on a fire. Moreover, the approach creates more conflict, bad feelings, and distrust between couples. Thus, leading to less cooperation and willingness to seek equitable solutions[1]. The Court doesn't believe this is the best way to deal with family conflict and wants people to try FDR first.

Why FDR is a better choice than Court for Families

The simple answer is that it's faster because couples can complete the process in a couple of months without waiting for a court ruling. Cheaper because not all people's concerns are legal issues and taking fewer issues to Court saves money. Finally, people who use FDR are more satisfied (73.6%) than those who use lawyers and courts (60%)[2].

A more profound answer is the Family Court knows FDR is better for dealing with relationship issues[3]. Fighting doesn't always stop after a court ruling, and evidence shows this can harm children's future wellbeing.[4]

A third answer is that with FDR, you control the result. You also decide what's essential and what you want to discuss.

Your lawyer and the judge control the process in a court case, and you have no say.

Family dispute resolution doesn't work for everyone. Situations involving family violence and abuse are still best dealt with by the courts. Family court mediation services in NSW and the other states rely on FDRPs to assess these cases and refer them to the appropriate services.

Some people just find it hard to adjust to the changed relationship. Research shows that blame and accusation are still cause for conflict after divorce and separation. The same study suggests that battles over children and property often hide unresolved relationship difficulties[5].

Mediate FDR are Family Dispute specialists in NSW. Based in Sydney, we provide Family Dispute processes in NSW. However, we realise people have problems all over Australia. Mediate FDR offer Family Dispute Resolution Services Online.

Why not contact us and book a free consultation with an FDRP. Find out how we can help you.

[1] Mandatory mediation in family law – a review of the literature Shelby Higgs Howarth* and Catherine Caruana** https://csrm.cass.anu.edu.au/sites/default/files/docs/2019/2/CSRM_WP2_2017_60ICERT_APPENDIX_A.pdf

[2] Kaspiew, R. (2016) Separated parents and the family law system: What does the evidence say?

https://aifs.gov.au/cfca/2016/08/03/separated-parents-and-family-law-system-what-does-evidence-say

[3] French, Dispute Resolution in Australia – The Movement from Litigation to Mediation” (2007) 18 ADRJ 213, 214.

[4] Kaspiew, R. Horsfall, B. et.al. (2017) Domestic and family violence and parenting: Mixed method insights into impact and support needs: Key findings and future directions

[5] Alves-Perini, Nell; Harrison, Margaret; Rhoades, Helen; Swain, Shurlee --- "Finding Fault in Marital Property Law: A Little Bit of History Repeating?" [2006] FedLawRw 14; (2006) 34(3) Federal Law Review 377

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