Lawyer-Inclusive Family Dispute Resolution

Lawyer-inclusive family dispute resolution (FDR) can support people who are separating, have legal representation and want their lawyers to attend FDR sessions with them.

What's the process?

1. Individual intake assessment

You and the other person involved in the dispute will attend separate intake assessment appointments with an FDR practitioner. This will help your practitioner to understand your circumstances and whether lawyer-inclusive FDR is appropriate for your situation. You will also have the opportunity to ask questions.

This assessment appointment usually happens without your lawyer present. However, if you’d like your lawyer with you, please talk to us when you book your appointment.

2. Family dispute resolution session

If the FDR practitioner feels that lawyer-inclusive FDR is appropriate for your situation, you will be invited to attend a family dispute resolution session with the other person involved, and your lawyers.

Sessions can last up to 5 hours (including a break), with your practitioner managing the process by helping you and your lawyers to:

• communicate clearly and respectfully
• make a plan for the meeting
• identify the issues you want to resolve
• discuss different ways to resolve those issues
• record any agreements that you and the other person make
• focus on children’s best interests, where children are involved
• organise another session/s if this is needed and everyone agrees.
  
  

3. Certificates for parenting matters

If you’re attending FDR to resolve parenting issues and FDR is unsuccessful or not appropriate, the FDR practitioner may provide a section 60I certificate.

Under Australian family law, separating parents must attempt FDR and obtain a certificate from an FDR practitioner before they can file an application with the court for parenting matters.

There are some exemptions, such as cases involving family violence or child abuse, or if the matter is urgent.

Visit fcfcoa.gov.au/fl/pubs/comp-fdr to learn more.