FDR for Parenting Matters
When FDR involves parenting matters, FDRPs can help people explore family issues in a child-focused way where the Best Interest of the Child is the paramount consideration. For parenting matters, if the FDRP decides not to proceed with FDR, they can issue a certificate that a party is required to have before proceeding with an application to a court for a parenting order.
FDR for Property Matters
For disputes about property matters, FDRPs can help parties negotiate their financial decision considering their interests. All stages of the negotiations must be Just and Equitable with full and frank disclosure regarding assets, liabilities and other resources. An agreement details how property will be divided in a Just and Equitable manner. In property matters, the FDRP will also decide whether to proceed with FDR. Certificates do not need to be issued before proceeding with legal action for property matters.
Next Steps
The first step in the process involves the FDRP meeting separately with the people involved in the dispute for an intake appointment, to ensure that each person has the capacity to negotiate and that all parties feel and are safe to participate in FDR.
The next step is the decision to proceed or not, the FDRP decides whether FDR is suitable and if it is, how to provide it in a way that everyone feels safe, comfortable and is practical. For example, they consider whether it will work best for all parties to be together in one room, to have separate rooms for each party (shuttle), have one or two FDRPs present, FDR session by telephone or via the internet.
The FDRP may also discuss additional models of FDR, including:
- Lawyer assisted FDR. This involves both parties being supported by their lawyer during FDR.
- FDR with another professional or another support person present during sessions. This must be negotiated with the FDRP in advance and generally needs to be agreed to by the other party if it is proposed to be a face to face FDR session.
- Child Inclusive Mediation. This involves a child consultant providing feedback on how the children are experiencing the separation/parenting arrangements (for parenting matters only).
Remember; FDRPs are neutral, impartial and do not take sides, they will not tell you what to do.