Family Dispute Resolution: what, why, when, how?
Ask someone to tell you about their experience of a Family Court battle over children, and it can bring you to tears. How do you avoid the same experience? One option is FDR – a part subsidized mediation service set up to run alongside the Family Court.
More affordable than private mediation, better on some issues than a lawyer’s letter, FDR with a good mediator can result in both sides understanding each other’s position, agreeing better ground rules for parenting together, and ultimately resolving issues without the need for a Judge.
A key aim of FDR is for parents to retain control together of decisions about their children, reach parenting agreements and resolve issues as they come up. The format allows the children’s perspectives to be considered where appropriate, is flexible as to format, and if it works, you can come back again for future tough issues.
FDR is also important because you cannot go to Court until you have been through FDR (except in very limited circumstances).
Who does it?
The Ministry of Justice has three FDR suppliers – Fair Way Resolution, Family Works Resolution Service and the Family Dispute Resolution Centre. The process for each of these services are reasonably similar:
- make contact,
- pre-mediation contact (this can range from phone contact to one on one meeting with the mediator to contact with child inclusion specialists).
- mediation and lastly
- the outcome which hopefully is a parenting agreement.
If no agreement is reached in FDR then either you keep working on the issue or you apply to the Family Court for parenting orders.
How much does it cost?
The Government funds FDR for everyone to a greater or lesser extent. You are either fully funded or partially funded depending on your income. Someone is fully funded if they have two children and earn a maximum annual income of $54,245.00 per year before tax. See the Eligibility Table from the Family Dispute Resolution Centre.
If you do not qualify for full funding, then FDR costs $448.50 (including GST) per person.
How many sessions do you get?
You get 12 hours with the mediator in a 12-month period. It is up to the parties and the mediator to decide to how they want to structure their sessions. For example, each party could have one hour one on one session with the mediator, and then use the remaining time for several sessions with the mediator.
How long does the process take?
It depends on the waiting time at each FDR supplier, and the availability of the parties. You should be able to get to FDR within weeks rather than months[1].
Can you re-start FDR?
You can save some hours for a review later in the 12 month period, and you can apply again after that time is up.
Can children’s views be included
Yes. This can be discussed with the mediator as children/the child’s voice can be brought in in different ways.
Why bother?
FDR with the right mediator can set families on the path towards better communication and understanding. There are lots of experienced mediators in FDR who can make a big difference to how you and your family experience disputes around parenting. If you can avoid going to Court over your kids, then you should do it. Lawyers have their uses, but when it comes to parenting issues, unless there has been violence or one party is so disempowered they cannot effectively participate, FDR is better.
Listen and watch Divorce Café to learn more
If you are having difficulty resolving parenting issues directly or you want to ask for changes to contact arrangements talk to an experienced family lawyer like the team at Henderson Reeves about your options, including FDR. We offer a 20 minute short session with an experienced lawyer for $150 including GST for people who need some quick advice, or at hourly rates if more help is needed.
[1]https://www.resolutionservices.org.nz/faq/#:~:text=We%20aim%20for%20your%20first,Family%20Court%20takes%20much%20longer
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