Mediation

What is said in FDR is private and confidential. The FDR Practitioner, people who attend, and their lawyers cannot tell anyone (including the court) what was said during the conference. However, there are some exceptions, including if it is necessary to protect:

• a child from the risk of physical or psychological harm
• a person from a threat to their life or health, or
• property from deliberate damage or destruction.

Things that are said to or in front of the FDR Practitioner cannot normally be used as evidence in the Family Court, unless it is necessary to give evidence that there has been or is a risk of child abuse.

If you and your ex-partner (or another person involved in the dispute) reach an agreement at an FDR conference you can:

• enter into a parenting plan, or
• formalise the agreement by filing an application for consent orders with the court.

If you can’t reach an agreement about arrangements for your child at a FDR conference, you can ask for a FDR Certificate to show you tried FDR. You and your ex-partner (or another person involved in the dispute who attended the conference) can then apply to the Family Court for orders about your child. You should get legal advice before filing an application with the Family Court.   

A FDR Practitioner can grant a FDR Certificate in the following situations:

• your ex-partner (or another person involved in the dispute) refuses or fails to attend a FDR conference
• the FDR Practitioner believes it is not appropriate to start or continue with FDR, because of family violence, a risk of child abuse, or problems with the power and relationship dynamics, or
• you both attend FDR, but someone doesn’t make a genuine effort to reach agreement in FDR (in this situation the court might order you to try FDR again and failing to give a genuine effort in FDR may effect how the court makes decisions about legal costs).