Frequently Asked Questions

for separating families and those in conflict

What is the process of Family Dispute Resolution

Family Dispute Resolution (FDR) is a process designed to help parties involved in a family dispute to resolve their issues and reach agreements without going to court. FDR is often used in family law matters, such as parenting arrangements, property settlements, and financial matters. Here is an overview of the process:

1. Assessment: The first step is an assessment of whether FDR is suitable for the particular dispute. We will evaluate the case to determine if it is appropriate for FDR and if the parties are willing to engage in the process voluntarily.

2. Information Gathering: We will gather information from each party to gain an understanding of the issues, concerns, and desired outcomes. This may involve individual interviews or joint sessions with the parties involved.

2. Education and Preparation: We may provide information and education to the parties about their rights and responsibilities, and the available options for resolution. This helps ensure that the parties are informed and can make decisions based on a clear understanding of their situation.

3. Facilitated Negotiation: The FDR practitioner acts as a neutral third party and facilitates discussions between the parties. The focus is on open communication, understanding each other's perspectives, and exploring potential solutions. The practitioner may use various techniques, such as active listening, reframing, and brainstorming, to assist in the negotiation process.

4. Mediation: If the parties are open to it, we may conduct mediation sessions where the parties engage in structured negotiations to resolve their issues. Mediation allows the parties to work together to find mutually acceptable solutions with the guidance of the mediator.

5. Drafting Agreements: If the parties reach an agreement on some or all of the issues, the FDR practitioner can assist in drafting the necessary parenting plan or financial agreements of which you can take to your lawyer to finalise.

5. Review and Legal Advice: The parties will be encouraged to seek independent legal advice to review the proposed agreements and ensure they understand their legal rights and obligations. This step is important to ensure that the agreements are fair, reasonable, and legally binding.

6. Finalising the Agreement: Once the parties are satisfied with the agreements, they can sign the necessary documents and take the appropriate steps to finalise the agreements, such as filing them with the court if required.

It's important to note that FDR is a voluntary process, and its success depends on the willingness and active participation of the parties involved. Additionally, not all disputes may be suitable for FDR, especially in cases involving domestic violence, child abuse, or other high-conflict situations. In such cases, alternative processes or court intervention may be necessary.

What is Mediation

Mediation is a voluntary and confidential process in which a neutral third party, known as a mediator, helps individuals or parties in conflict to reach a mutually acceptable resolution. It provides a structured and facilitated environment for open communication, problem-solving, and negotiation.

During mediation, the mediator assists participants in identifying the underlying issues, exploring their interests and needs, and generating creative solutions. The mediator does not make decisions or impose solutions but instead guides the process, encourages dialogue, and facilitates constructive discussions.

Mediation can be used in various contexts, including family disputes, workplace conflicts, community issues, business disagreements, and more. It offers several benefits, such as:

1. Empowerment and Control: Mediation allows individuals to actively participate in shaping the outcome of their dispute. It provides a sense of empowerment and enables them to maintain control over the decision-making process.

2. Confidentiality: Mediation is a confidential process, which means that discussions and information disclosed during mediation cannot be used against participants in court. This promotes open and honest communication without the fear of negative repercussions.

3. Cost and Time Efficiency: Mediation is generally less time-consuming and more cost-effective than going to court. It offers a quicker resolution by avoiding lengthy legal proceedings and associated expenses.

4. Preserving Relationships: Mediation focuses on finding mutually agreeable solutions, which can help preserve or even improve relationships. It encourages communication, understanding, and cooperation, which is particularly beneficial in ongoing relationships such as co-parenting or business partnerships.

5. Customized Solutions: Mediation allows for more flexible and creative solutions tailored to the specific needs and interests of the parties involved. It fosters a collaborative approach that seeks to address underlying concerns and find win-win outcomes.

6. Less Adversarial: Unlike traditional litigation, mediation promotes a less adversarial and more cooperative approach to resolving disputes. It emphasizes problem-solving and finding common ground, rather than pitting parties against each other.

Mediation offers a valuable alternative to formal legal proceedings, providing an opportunity for parties to resolve their conflicts in a constructive and mutually satisfactory manner. It encourages effective communication, understanding, and the potential for long-lasting resolutions.

What is the 'best intererst of children'

In family law, the "best interest of the child" is a legal standard used to guide decisions regarding child custody, visitation, and other matters involving children. It refers to the principle that decisions should prioritize the well-being, safety, and overall development of the child involved. While specific factors may vary depending on the jurisdiction, some common considerations for determining the best interest of the child include:

1. Safety and Security: Ensuring that the child is protected from physical, emotional, or psychological harm.

2. Emotional and Physical Needs: Meeting the child's basic needs, including food, shelter, healthcare, and education, as well as providing emotional support and stability.

3. Continuity and Stability: Maintaining a stable environment that promotes the child's growth, which may involve considering factors such as the child's relationships with parents, siblings, extended family, and community.

4. Parental Capacity: Assessing each parent's ability to provide a safe and nurturing environment, considering factors like their physical and mental health, parenting skills, and willingness to facilitate the child's relationship with the other parent.

5. Child's Wishes: Considering the child's age and maturity level, their expressed preferences may be taken into account, although this can vary depending on jurisdiction and the child's ability to make informed decisions.

6. Co-Parenting Ability: Evaluating the parents' willingness and ability to cooperate, communicate, and make joint decisions in the child's best interest.

7. Cultural, Religious, and Community Considerations: Taking into account the child's cultural background, religious beliefs, and maintaining connections with their community, when appropriate.

It's important to note that the determination of the best interest of the child is often made on a case-by-case basis, considering the unique circumstances of each family. Courts strive to make decisions that will promote the child's well-being and create an environment that supports their growth and development.

Property Settlements

Family law property settlements are calculated through a process that involves identifying and valuing the assets and liabilities of the parties involved in a relationship or marriage. The specific calculations and considerations may vary depending on the jurisdiction and the particular circumstances of the case. Below is a general overview of how property settlements are typically determined however we recommend you receive legal advice regarding your particular circumstances.

1. Identifying the Assets and Liabilities: The first step is to identify all the assets and liabilities owned or owed by the parties. This can include properties, bank accounts, investments, vehicles, businesses, household items, debts, mortgages, loans, etc. It is important to provide a comprehensive list of all assets and liabilities to ensure an accurate settlement.

2. Valuing the Assets: Once the assets and liabilities are identified, their values need to be determined. This can be done through various means, such as appraisals, market valuations, financial statements, or expert opinions. The valuation process may involve considering factors like the current market value, depreciation, outstanding debts, and any other relevant factors.

3. Assessing Contributions: After valuing the assets and liabilities, the contributions made by each party during the relationship or marriage are assessed. Contributions can be financial (income, savings, investments) or non-financial (homemaking, childcare, maintenance, renovations). The contributions are typically evaluated in terms of their duration, extent, and future needs.

4. Considering Future Needs: The future needs and circumstances of each party are taken into account to ensure a fair settlement. Factors such as age, health, income-earning capacity, care of children, and financial obligations are considered. For example, if one party has primary custody of the children, their future needs may be given greater weight.

5. Applying Legal Principles: Family law legislation and legal principles are applied to determine a fair and equitable distribution of assets. These principles can vary by jurisdiction but often include concepts like equal division, contributions-based division, and needs-based division. The specific laws and guidelines of the relevant jurisdiction will play a significant role in this step.

6. Negotiation or Court Process: Once all the relevant factors have been considered, the parties can negotiate a settlement based on their respective entitlements. This may involve mediation or collaborative law processes. If an agreement cannot be reached, the matter may proceed to court, where a judge will make a determination based on the evidence and legal principles.

It's important to note that the calculation of family law property settlements can be complex and require the expertise of family law professionals, such as lawyers and financial advisors. The specific details and procedures can vary depending on the jurisdiction and the unique circumstances of each case. Therefore, it is advisable to consult with a legal professional who specialises in family law in your jurisdiction for accurate advice and guidance.