Introduction to Family Dispute Resolution
Custody cases may put lots of stress on families since they are usually charged with emotions when the issues are of parental responsibility, property division, or financial issues. Family Dispute Resolution (FDR) is an alternative to structured and less adversarial as compared to approaching the court for a resolution of these disputes.
In Australia, FDR forms an integral part of procedure where families opt for a sensible, comprehensive way of dealing with the conflict, with a view to improving their communicative relationship and cooperation.
Who Uses Family Dispute Resolution?
Family Dispute Resolution is a form of mediation designed to help separated couples or families resolve conflicts regarding:
- Parenting arrangements
- Financial matters
- Property division
It requires the intervention by a third party, an official negotiator who encourages and steers conversation in a balanced equitable manner.
Why Select Family Dispute Resolution?
- Flexible and convenient
The family détente is less costly and time consuming than court trials hence making FDR popular among families.
- Promotes Cooperation
In contrast to hearings which involve Court battles, FDR promotes free communication since the family members attempt to solve the problems together.
- Reduces Emotional Strain
As an organization, FDR facilitates a comfortable setting in avoiding pressure and complete concern to the emotional well being of individuals, especially those who are children.
How Stewart Family Law Firm Helps in From FDR
Expert help and guidance in family disputes are provided at Stewart Family Law. They make sure that the FDR process runs efficiently and suits the needs of the families that their team handles.
Primary Advantages of Family Dispute Resolution
- Maintaining Privacy
While court proceedings are open to anyone interested, FDR makes sure that all discussions are kept anonymous.
- Flexible Solutions
This structure enables families to have tailor made agreements that enshrine their individual desires or conditions.
- Place Babes’ Best Interest As A Priority
FDR is child centered and seeks to establish the best interests of the child that is supposed to be protected by the care of both parents.
The FDR Process: Step-by-Step
- Initial Assessment
Therefore, the mediator determines the feasibility of the FDR to apply to the family situation.
- Setting the Agenda
Lasting issues consist of what the parties want to change such as child custody or division of properties.
3. Mediation Sessions
Structured discussions between both parties are conducted and the mediator only provides a platform to do so.
- Agreement Drafting
This is followed by consensus whereby people involved in the process agree to the findings which is then documented through writing a contract of the agreed upon terms.
Family Law Dispute Resolution in Australia
According to the Family Law Act 1975, FDR is a procedure which precedes the application to the court in most of the parenting matters. This helps families make sure that they try all they can to resolve conflict between them without going to court.
When Is FDR Not Suitable?
While FDR is effective in most cases, it may not be appropriate in situations involving:
- Domestic violence
- The nature and extent of power relation between two parties
- Intention not to work together
Therefore, how can you prepare for Family Dispute Resolution?
- Gather Relevant Documents
Gather financial documents, property information or any other paperwork that may be needed.
- Set Clear Goals
Determine what you want to gain during the mediation process;
- Seek Legal Advice
Hiring a family lawyer helps you appreciate your responsibilities and entitlements in the process.
Issues in the Family Dispute Resolution
Of course, FDR has a lot of advantages, but there may be a number of difficulties, for example, there may be tension and other signs of emotional stress. But there is a plus side in that all of these difficulties are surmountable with the correct help.
Conclusion
FD reduces disunity and conflict by offering the families a constructive way of solving all their problems. It means that no matter concerning child access or maintenance, or other related issues FDR will provide a neutral and peaceful agreement.