
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.
Family Dispute Resolution is a form of mediation designed to help separated couples or families resolve conflicts regarding:
It requires the intervention by a third party, an official negotiator who encourages and steers conversation in a balanced equitable manner.
The family détente is less costly and time consuming than court trials hence making FDR popular among families.
In contrast to hearings which involve Court battles, FDR promotes free communication since the family members attempt to solve the problems together.
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.
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.
While court proceedings are open to anyone interested, FDR makes sure that all discussions are kept anonymous.
This structure enables families to have tailor made agreements that enshrine their individual desires or conditions.
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.
Therefore, the mediator determines the feasibility of the FDR to apply to the family situation.
Lasting issues consist of what the parties want to change such as child custody or division of properties.
Structured discussions between both parties are conducted and the mediator only provides a platform to do so.
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.
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.
While FDR is effective in most cases, it may not be appropriate in situations involving:
Therefore, how can you prepare for Family Dispute Resolution?
Gather financial documents, property information or any other paperwork that may be needed.
Determine what you want to gain during the mediation process;
Hiring a family lawyer helps you appreciate your responsibilities and entitlements in the process.
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.
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.