Family Dispute Resolution

What is Family Dispute Resolution?

Family Dispute Resolution (FDR) is a structured and supportive process that helps families resolve conflicts related to separation, divorce, parenting arrangements, property division, and other family matters. It is a form of mediation facilitated by an accredited, neutral practitioner who assists all parties in communicating effectively, exploring options, and reaching mutually acceptable agreements—without the need for court intervention.

Participation in FDR is now mandatory before going to Court in relation to parenting matter except for some cases such as family violence or urgency.

FDR is especially useful for helping separated parents develop parenting plans that are in the best interests of their children. It focuses on cooperation, problem-solving, and reducing the emotional and financial stress of legal proceedings. In many cases, attending Family Dispute Resolution is a legal requirement before applying to the Family Court for parenting orders.

At its core, FDR empowers families to make their own decisions in a respectful and confidential environment, promoting better outcomes for everyone involved—especially children.

Family Dispute Resolution (FDR) is a way for families to sort out disagreements after a separation or divorce—without going to court. It’s a type of mediation where a trained, neutral person helps everyone talk things through and come to fair agreements. This could be about parenting arrangements, property, money, or other family issues.

The goal is to help families find solutions that work for everyone, especially the children. It’s a calm, private space where each person gets a chance to speak and be heard.

In many cases, you’ll need to try Family Dispute Resolution before going to court about parenting matters. It’s often a quicker, less stressful, and more affordable option.

How can we Help?

At our firm, we’re here to support you through what can be a challenging time. Lauren Patford-Smith, our accredited Family Dispute Resolution Practitioner, can help you and your family work through separation-related issues—like parenting arrangements, property division, or other disputes—in a calm and respectful environment. With her guidance, we aim to help you reach practical, fair agreements without the stress and cost of going to court. Whether you need legal advice, support during mediation, or someone to facilitate the entire process, we’re here to help every step of the way.

We can undertake FDRP in Melbourne or Victoria in person or online Australia Wide.

What is an Accredited Family Dispute Resolution Practitioner?

An accredited Family Dispute Resolution Practitioner is a specially trained professional who helps families work through disagreements after separation or divorce. They have post graduate qualifications in FDR and are registered with the Attorney General’s Department. They’re neutral, which means they don’t take sides, and their job is to help everyone involved have their say, understand each other, and find practical solutions—especially when it comes to things like parenting arrangements or dividing property. Being “accredited” means they’ve met strict national standards and are approved to do this work under Australian law. They also have the authority to issue certificates (called section 60I certificates) if mediation doesn’t work, which may be needed if someone wants to go to court about parenting issues.

What is a Section 60I Certificate?

A Section 60I Certificate is a document that shows you’ve tried to resolve parenting issues through Family Dispute Resolution (FDR) before going to court. In most cases, the law requires parents to make a genuine effort to sort out parenting arrangements through mediation before applying to the Family Court.

This certificate can be issued by an accredited Family Dispute Resolution Practitioner for several reasons—for example, if one party didn’t attend, if both parties attended but couldn’t reach an agreement, or if the practitioner believes mediation isn’t appropriate in your situation.

Having a Section 60I Certificate doesn’t mean you’ve failed—it simply shows that you’ve taken the required steps. If you’re unsure about whether you need one or what it means for your situation, we’re here to guide you through the process.

What Will the Family Dispute Resolution Practitioner (FDRP) Do?

When you work with one of our accredited Family Dispute Resolution Practitioners, you’ll be supported every step of the way. The FDRP will:

• Listen: They’ll take time to understand your situation and answer any questions you have about the process.

• Assess: They’ll look at whether family dispute resolution is suitable for your circumstances.

• Prepare: They’ll provide both parents with information to help them get ready and feel more confident about the mediation process.

• Offer Referrals: If needed, they can connect you with services such as legal advice, counselling, income support, or other helpful resources.

What Can You Expect?

Initial Appointment

When you begin family dispute resolution with Patford-Smith Legal Services, you’ll first have a private, one-on-one meeting with Lauren Patford-Smith. During this session, Ms Patford-Smith will ask you about your children (if applicable), your current situation, and your relationship with the other parent/party. If it’s appropriate, the other parent/party will also be invited to take part and will have their own one-on-one session.

Assessment

Before moving forward, Ms Patford-Smith will assess whether FDR is the right approach for your situation—this is a requirement under the Family Law Act 1975. If it is suitable, she’ll decide how the session will run: in person, over the phone, or via video call. They’ll also consider what format (joint or shuttle) is best.

• Joint: Both parents/parties are in the same session.

• Shuttle: The Practitioner moves between each parent separately.

The goal is to choose a setup that helps everyone feel comfortable and increases the chance of reaching an agreement.

Premediation

If your matter is suitable for mediation, you’ll be booked in for a 2-hour session. Before that, Ms Patford-Smith will call you for a short 30-minute premediation chat. This is a chance to go over what to expect, ask any questions, and talk about what you’d like to raise in the session. Ms Patford-Smith will help you focus on what’s best for your children and guide you in preparing for a productive conversation.

The Mediation Session

At the start of the session, Ms Patford-Smith will ask each of you to list your “agenda items”—the topics you’d like to talk about. These could include:

• Care arrangements for the children

• Special occasions and holiday schedules

• Any other parenting issues that need to be worked out

• Finances

• If you would like to keep the former matrimoinal home

• Contributions

• Future Needs

Agenda items are only discussed if both parents/parties are open to it. There’s no pressure to agree, and you won’t be forced to respond to anything you’re not comfortable with. Ms Patford-Smith will help you explore different options and guide the conversation to focus on your children’s needs, age, and stage of development.

Sometimes, more than one session is needed to work through everything.

If you’d like to find out more about how this process might work for you and your family, we’re here to help.