Family Law Mediation Canberra

Family dispute resolution (FDR) is a structured form of mediation specifically designed for families going through separation. Debra Parker is an accredited family dispute resolution practitioner, having completed the rigorous training required to qualify to practice in this area. Debra facilitates discussions between both parties to help them communicate effectively and work toward mutually acceptable agreements, particularly around parenting arrangements and property settlements. The key distinction between FDR and general mediation is that only accredited FDR practitioners are authorised to issue a Section 60I certificate, which is required before most parenting order applications can be made in the Federal Circuit and Family Court of Australia. If you are unsure which process applies to your situation, we can help you understand your options.

In most cases, yes. Under the Family Law Act, parties are generally required to make a genuine effort to resolve parenting disputes through family dispute resolution before applying to the court for parenting orders. This requirement applies to parenting matters specifically, not property or financial disputes. If FDR is attempted but does not result in an agreement, an accredited FDR practitioner can issue a Section 60I certificate, which must accompany a parenting order application to the court. We recommend confirming the current validity period with us directly, as requirements can vary by circumstance.There are exceptions to this requirement, including situations involving extreme urgency, family violence or child abuse, or where it may not be appropriate or safe to participate in FDR. We can advise you on whether an exemption might apply to your individual circumstances before you take any steps.

As opposed to the specific Family Dispute Resolution process, lawyer-assisted mediation, is another option to consider to try to resolve issues or disputes that arise after a relationship breakdown. All of our lawyers are qualified to conduct lawyer-assisted mediation. We use mediation to help separated families resolve a broad range of disputes, including parenting arrangements and children's arrangements, property settlements, dividing property, spousal maintenance, child support such as payments of private school fees or payment of medical bills and other financial matters arising from a separation. Mediation can also be used to develop a parenting plan that sets out how separated families will share time and responsibility for their children going forward. It is not limited to disputes that arise immediately after separation; we also assist parties who need to revisit or vary arrangements that are already in place.

Mediation is a confidential process. Under the Family Law Act, communications made during family dispute resolution and mediation are protected and cannot be used as evidence in court proceedings. It is an offence to disclose confidential FDR communications. There are limits to this protection, however. Where information disclosed during FDR raises reasonable grounds to believe a child has been abused or is at risk of abuse, we are required by law to report that information regardless of the confidential nature of the process. Confidentiality protections under the Family Law Act also apply specifically to accredited FDR practitioners.

Mediation is significantly less expensive than litigation in almost every case. Contested court proceedings in family law matters can cost considerably more than mediation, particularly in complex or high-conflict matters. We offer both half and full day mediation sessions and our rates are available on request. Even where there is a cost involved, resolving your matter through mediation is almost always far more cost effective than running a contested matter through the family court. Our Director, Debra Parker is an accomplished, award-winning experienced mediator who is available to conduct mediations.

When proposing a mediator to you we look at accreditation and specific family law experience, which are the two things that matter most. Accreditation ensures the practitioner meets the standards required under the Family Law Act and is authorised to issue Section 60I certificates required. Beyond accreditation, the mediator's experience with the specific issues in your matter, whether that is parenting disputes, property settlements, or high-conflict situations, makes a real difference to the outcome.

Debra Parker is the only lawyer in Canberra with specialist accreditation in both family law and dispute resolution as well as having been accredited as a Family Dispute Resolution Practitioner, and has an 80% mediation success rate across many thousands of mediations throughout her career. She holds leading status in family law and as a mediator under the Doyle's Guide, and is available for both half and full day mediations. To book Debra or enquire about rates, please contact our office directly.