If you’re separating, you’ll hear “family dispute resolution” and “family law mediation” used as though they mean the same thing. Day to day, they often do. Legally, there’s a distinction worth understanding before you book anything.
What Is Family Dispute Resolution?
Family dispute resolution (FDR) is the term the Family Law Act 1975 uses for a structured, out-of-court process in which an independent practitioner helps separated parties work through their disagreements. It is most closely linked to parenting matters. In most cases, parents must make a genuine effort at family dispute resolution before applying to court for parenting orders, unless an exemption applies, such as family violence.
How Is Family Law Mediation Different?
Family law mediation is the broader, everyday term. A mediator helps both parties negotiate their own agreement on parenting, property or finances. In practice, family dispute resolution is a type of mediation that carries a formal legal role.
- Family dispute resolution: a legal term, usually about parenting, and can lead to a certificate needed before filing in court.
- Family law mediation: a general term covering parenting, property and financial disputes, where a certificate is typically not the goal.
Which One Do You Need?
If your dispute involves children, family dispute resolution is likely your first step. If it’s mainly about property or money, family law mediation is the usual route, and a mediator with decades of family law experience can give you a realistic view of how a court might see your case. Many separated families need both.
What Are Your Other Options?
Mediation isn’t the only path. Collaborative family law keeps negotiations out of court with lawyers at the table, while family law arbitration lets a neutral arbitrator decide financial disputes. Not sure how they compare? Read our guide on arbitration versus mediation. To plan ahead, see what mediation costs in Australia and how to prepare for your session.
Unsure which process fits your situation? Contact Neil Jackson Mediation to talk it through.
