Please note this document has been written for parenting and property matters. Not all information will apply to you where you are only attending one process.
Confidentiality and Admissibility
Communications made to an FDR practitioner are confidential and unusable in court. Limits include:
Serious concerns about the safety of a party or child (mandatory reporting)
The provision of information to Independent Children’s Lawyers
Consultation between practitioners
Role of a Family Dispute Resolution Practitioner (FDRP)
All FDRPs are accredited under Family Law Regulations. Their role is to:
Note: FDRPs may discontinue mediation at any time if they assess the case as no longer suitable, without disclosing the reason.
Remain impartial while facilitating safe, structured discussions to help parties reach mutually acceptable agreements.
To encourage parties to seek legal advice (while not providing any)
To record Parenting Plans and/or Property Agreements
To establish best interests of the child as paramount (parenting matters)
To conduct process in line with the Family Law Act 1975 principles.
Fees
Fees for Family Dispute Resolution services are charged based on your income.
Use the fee calculator on our website to find your rate:
Family matters: racr.org.au/services/family-mediation/
Property matters: racr.org.au/services/property-and-financial-mediation/
Feedback
If you wish to register feedback you can:
For Parenting Matters only
Child Informed Practice (CIP)
Depending on service availability, appropriateness, and the consent of both parties, children may be able to see a child consultant who then provides feedback to parents.
Fees are payable for CIP sessions and can be calculated at: racr.org.au/services/family-mediation/
Section 60I Certificates
Generally, a party must attempt FDR before court for parenting matters. A S60I certificate may be requested if FDR is unsuccessful stating:
a. The other party did not attend;
b. FDR was assessed as not appropriate;
c. A genuine effort was made at mediation to resolve issues;
d.There was not a genuine effort made in FDR to resolve issues; or
e. The FDRP decided it was not appropriate to continue partway.
Courts may award costs if there is no attendance or effort from a party.
Acceptance of Obligations for Participants
Applies to ALL matters:
1. I will voluntarily and respectfully participate with everyone involved in the FDR process.
2. I will promptly reply to the centre and update my contact details if needed.
3. I understand that children cannot attend appointments (except CIP).
4. I understand FDR takes up to 3 hours and will ensure my full attendance.
5. If appointments are held via phone or video, I will attend in a private place without distraction.
6. I understand that no one can attend appointments that has not been agreed to by both parties and the FDRP.
7. I will keep this process confidential and will not publish any related information.
8. I will pay any fees due and have calculated my fees online.
9. I understand that I need to provide at least 48 hours’ notice to change or cancel my appointment, and cancellation fees will apply if this does not occur.
10. I understand services may discontinue if the above is not followed.
11. I understand that my following my mediation session, my file will be closed within 2 weeks unless both parties have indicated wanting to attend further sessions, and the service finds it appropriate.
Applies to parenting matters ONLY:
1. I understand the priority in this process is to work towards the best interests of the child/children (Family Law Act 1975,Section 60CC), and this includes the following general considerations:
a. The safety of the child and people who care for the child (including any history of family violence and family violence orders);
b. The child’s views;
c. The developmental, psychological, emotional and cultural needs of the child;
d. The capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs;
e. The benefit to the child of having a relationship with their parents, and other people who are significant to them (e.g. grandparents and siblings); and
f. Anything else that is relevant to the particular circumstances of the child.
Applies to property matters ONLY:
1. I understand that I have a legal duty to disclose all financial/personal information and papers relevant to the matters to be discussed in property mediation to the other party. I understand if I fail to do this, and court is initiated, consequences can include:
a. Punishment for contempt of court with a fine or imprisonment;
b. Cost orders against a party; or
c. The court taking non-compliance into account when determining orders.
2. I understand that any and all information I provide about assets, liabilities, superannuation or other items may be used to prepare a joint balance sheet that is shared between the parties at mediation.
3. I will prepare for the mediation and bring all financial details and documents that are required to facilitate the process.
By signing this, you are only agreeing to the content that relates to the service you are using.