When members of a family are in conflict, as a result of divorce or for other reasons, they often end up in family law courts which can result in a long, costly and stressful process. There is another option called family mediation (or family law mediation) that involves a process where the dispute is mediated and facilitated by a neutral third party that can help resolve disputes about children or financial issues without having to go through the court process.
Mediation in these circumstances can be provided in an informal way where friends or other family members help people to talk about the issues involved and attempt to find a resolution. In cases where this is not sufficient to solve the problems people are having a professional mediator can be brought in to provide professional advice on resolving the conflict. Sometimes disputes only involve two people in the relationship but in other cases extended family members can also be involved and this can complicate the process. Where there are issues regarding child protection the mediation process often requires a professional mediator to be involved.
If, even after a mediation process, the dispute cannot be resolved to everyone’s satisfaction, it may need to go to court and be decided by a judge but this is regarded as the last resort in family law mediation.
Instead the family law system in Australia encourages families that are experiencing separation to try to come to their own arrangements about caring for their children without going through the family court. This can be achieved by a number of means: parents discussing the issue and coming to an agreement, asking a family member to adjudicate, through informal mediation or by using a formal family mediation process that is defined in the Family Law Act (1975) that is called Family Dispute Resolution (or FDR).
The FDR process involves a specialized form of mediation that helps families to come to their own agreements about issues in dispute by discussing different options and focusing on the best interests of their children. This process requires the use of an accredited FDR practitioner and the goal is for parents to agree to a strategic plan for the future parenting of their children in an amicable way. It is an inexpensive and often effective method for families to avoid the stress and confrontation that comes with going to family court. Under current Australian family law it is compulsory for families to attempt the FDR process before applying to the family court to set binding parenting orders.
