What is a Dispute Resolution Conference?

For many separated parents, resolving parenting disputes without a lengthy Court process is often the best outcome for both the children and the parents. A Dispute Resolution Conference is one of the ways the Court encourages parties to attempt to resolve parenting issues before proceeding further through the litigation process.

A Dispute Resolution Conference provides parents with an opportunity to discuss their concerns, explore possible solutions and attempt to reach agreement about parenting arrangements with the assistance of a qualified dispute resolution practitioner.

What is Family Dispute Resolution?

Family Dispute Resolution ("FDR") is a structured negotiation process designed to assist separated parents to resolve disputes about their children.

The process is facilitated by an independent third party, known as a Family Dispute Resolution Practitioner ("FDRP"), who assists parents to communicate effectively and identify possible arrangements that are in the best interests of the children.

The FDR practitioner does not make decisions for the parents or determine who is right or wrong. Instead, their role is to help parents reach their own agreement.

Issues commonly discussed during FDR include:

• where children will live;
• how much time children spend with each parent;
• arrangements for school holidays and special occasions;
• communication between parents; and
• decisions regarding education, health and other significant matters.

Is mediation the same as Family Dispute Resolution?

Although the terms "mediation" and "family dispute resolution" are often used interchangeably, they have slightly different meanings.

Mediation is a broader process used to resolve disputes between parties, while Family Dispute Resolution is the specific form of mediation required for many parenting disputes under the Family Law Act 1975.

Both processes aim to assist parties to reach agreement without requiring a Judge or Judicial Registrar to determine the outcome.

Do I need a certificate before starting Court proceedings?

Generally, before a person can commence parenting proceedings in the Federal Circuit and Family Court of Australia, they must attempt Family Dispute Resolution.

If the parties attend FDR and are unable to reach agreement, the practitioner may issue a section 60I certificate confirming that the parties have attempted dispute resolution.

This certificate is usually required before filing an application seeking parenting orders.

There are some exceptions where a certificate may not be required, including circumstances involving:

• family violence;
• child abuse or risk of abuse;
• urgency; or
• other circumstances where it is not appropriate to attempt FDR.

What happens at a Dispute Resolution Conference?

During a conference, each parent will usually have an opportunity to explain their concerns and the arrangements they are seeking for the children.

The practitioner will assist the parties to identify areas of agreement and disagreement and explore possible compromises.

If an agreement is reached, the parties may choose to:

• record the agreement in writing as a parenting plan; or
• apply to the Court for Consent Orders, which are legally enforceable.

If no agreement is reached, the matter may continue through the Court process.

Why is dispute resolution important?

Dispute Resolution provides parents with an opportunity to resolve issues earlier, without the emotional and financial costs associated with Court proceedings.

Agreements reached between parents can often be more flexible and practical because the parents themselves have participated in creating the arrangements.

Importantly, reducing conflict between parents is generally beneficial for children, particularly where parents are required to continue communicating and co-parenting after separation.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our family lawyers about your specific circumstances.

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