FDR Regulation 28 Information Sheet

FAMILY LAW (FAMILY DISPUTE RESOLUTION PRACTITIONERS) REGULATIONS 2008 – REG 28

Information to be given to parties before family dispute resolution

Here is the information you need to know before mediation

If you need Family Court usually Family Dispute Resolution is usually needed first

Family Law Mediation must be attended before applying to Family Court unless exceptions apply

Family Law Mediation is not always assessed as appropriate under Regulation 25(2) Family Law (Family Dispute Resolution Practitioners) Regulations 2009

It is not the role of the family dispute resolution practitioner to give people legal advice. Sometimes a talk with a solicitor alongside mediation can be helpful

Confidentiality 

Family dispute resolution practitioner’s confidentiality means practitioners cannot and won’t give information to anyone else about the content of mediation appointments unless required for safety or legally required ( section 10H of Family Law Act). Confidentiality exceptions can be for risk of harm to a child or other person, property, a crime, preventing or reducing risk of harm or assisting a lawyer independently represents a child‘s interests under an order under section 68L–assisting the lawyer to do so properly.

 Evidence of anything said, or an admission made, at family dispute resolution is not admissible:

 (i)  in any court (whether exercising federal jurisdiction or not); or

(ii)  in any proceedings before a person authorised by a law of the Commonwealth or a State or Territory, or by the consent of the parties, to hear evidence.

Qualifications

All FDRPs working with us are appropriately qualified and registers with the Attorney General’s Department

Fees

 the fees for FDR (including any hourly rate) charged by the family dispute resolution practitioner in respect of the family dispute resolution will be provided to you verbally

s60I Certificate is required to apply to Family Court about family and care relationships with children

family dispute resolution must be attended if required under section 60I of the Act, before applying for a Family Court order about the care of children

 if a person wants to apply to the court for an order under Part VII of the Family Law Act, the family dispute resolution practitioner may provide a certificate under subsection 60I(8) of the Act, including a certificate to the effect that the person:

                              (i)  did not attend family dispute resolution due to the refusal, or the failure, of the other party or parties to the proceedings to attend; or

                             (ii)  attended family dispute resolution with the other party or parties to the proceedings but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues;

                     (h)  if a certificate under subsection 60I(8) of the Act is filed, a court may take the certificate into account as specified in subregulation (1A);

Our complaints mechanism

1 A conversation between the party and the FDRP with reflection review and optional follow up appointment to discuss

2 if a complaint is required about Peninsula DR refer to VADR – Victorian Association for Dispute Resolution with

• the name and contact details of the complainant,
• the name and contact details of the person/s who is the subject of the complaint,
• details of the complaint,
• details of attempts to resolve the matter, and
• an indication of outcomes that would resolve the matter

VADR
GPO Box 127
Melbourne
Vic 3001