FAMILY LAW &
FAMILY DISPUTE RESOLUTION

Orr Legal can provide legal advice in all areas of family law including:

Separation
Divorce
Post separation parenting
Child Relocation
Child Recovery

Property Settlement
Binding Child Support Agreements
Binding Financial Agreements
Settling outside of Court

FAMILY DISPUTE RESOLUTION

Nichole Orr is in accredited Family Dispute Resolution Practitioner. Nichole helps parents to move forward from their separation. Coming to Family Dispute Resolution mediation is a daunting thought during often a painful and confusing time in your life. Nichole can help you navigate this time by offering a mediation service conducted by highly experienced and qualified mediator delivered in a safe, supportive and flexible manner.

What is Family Dispute Resolution?

Family Dispute Resolution is mediation that specifically helps families resolve issues concerning parenting, like where the children will live, how much time they will spend with family, how parents you will communicate and how property will be divided. Under the Family Law Act 1975, Family Dispute Resolution is compulsory (exceptions apply) prior to commencing court proceedings in relation to parenting. The idea for this is the court wants parents to make decisions regarding to the parenting of their children rather than a judge. We are also seeing more often that courts are referring parents back to mediation even when proceedings are on foot.

Advantages of Family Dispute Resolution

There are many advantages in FDR including:

Confidential;
Cost effective;
Non-adversarial;
Future focused;
Decision making is in your hands; and
Faster than court.

Safety

Safety is our number one priority which is why we conduct a safety assessment and not just get you to fill out a form. The safety assessment is confidential (exceptions apply) and allows for you to talk to the mediator about any concerns you may have, how you are adapting to the separation and what you would like to achieve through mediation. It is an opportunity for the mediator to explain what mediation is and answer any of your questions.

What if mediation does not go ahead?

The Family Law Act 1975 stipulates that parties must attempt mediation before commencing court proceedings in relation to parenting, there are exceptions.

There are a couple of reasons why mediation may not go ahead. In the event the other party does not attend you be given a section 60i certificate which is the document that must be submitted to start court proceedings. Another reason why mediation may not go ahead is because it may be assessed as ‘unsuitable for mediation’. Not all cases are suitable for mediation, which is why an assessment is conducted. If your case is assessed as unsuitable then both parties will receive a section 60i certificate.

How long does a mediation take?

As a general guide Family Dispute Resolution mediations are scheduled for three hours.

How is FDR mediation conducted?

There are different ways a FDR mediation can be conducted, including:

A joint session with all parties in the same room;
A shuttle, where the parties are in separate rooms and the mediator travels to both rooms;
Telephone conference;
Shuttle telephone;
Online;
Flexible locations; and
Legally assisted this is when your lawyer is present

How the FDR mediation is to be conducted is something you can discuss with the FDR mediator during the safety assessment.