Family Dispute Resolution: Use, Timing, and Outcomes

Abstract

The mandatory requirement for separating or separated parents to mediate disputes over children before filing an application for the courts represents one of the key changes introduced in the 2006 Australian family law reforms. The process is known legally as Family Dispute Resolution (FDR). Based on the reports of three cohorts of parents who had separated in different periods after these reforms were implemented, this paper examines:(1) the socio-demographic characteristics and circumstances of parents who used FDR; (2) the extent to which parents who attended FDR at different periods after separation differ in characteristics and circumstances; (3) FDR outcomes and the extent to which these outcomes vary according to parents' circumstances and their timing of FDR use. The analysis shows that use of FDR was quite common among separated parents. Parents who went to FDR were typically able to reach an agreement and this positive outcome appeared to have increased over time, which may reflect improving and refining practice. The data show that the quality of inter-parental relationship and circumstances surrounding separation such as family violence and other issues are closely linked with FDR use and its outcomes. They also reveal that parents who used FDR typically did so in the early stage of separation with its use much less common after separation for three or four years. Typically, in these cases, s60I certificates, which are normally required before the courts can intervene, were issued.

Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods

“…Training and accreditation programs further back the high success rates and cost-effectiveness of ADR developments in the region. All these collectively underline Singapore's ADR model as a benchmark for efficiency and effectiveness in Asia, offering rapid, cost-effective, and acceptable dispute resolutions while nurturing a culture of amicable settlement (Qu, 2019). The UK being an international hub has exceptional approaches to ADR methods and has been proficiently integrated into the resolution of family, civil, and commercial differences, supported by a comprehensive legal context and judicial backing (Kruger, 2023).…”

Parenting Disputes After Separation and Divorce: Who Needs a Family Lawyer?

“…But as these authors have noted, family law courts are not obliged to scrutinise the reasons why an exemption was sought in the first place. Thus while there is no doubt that mandatory FDR (with exceptions) has been a successful initiative (see Qu, , in this issue), it is more than likely that a proportion of parents (without further research the numbers are difficult to estimate) bypass the requirement and prematurely and unnecessarily enter the court system. They then add themselves to the long list of those waiting for a hearing date – including those with serious concerns about violence of abuse.…”

Participation, agreement and reduced acrimony through family mediation: Benefits for the ambivalent client in a mandatory setting

“…The reforms greatly increased the number of clients accessing FDR, with 65 Family Relationship Centres (FRCs) established around Australia to facilitate this growth (Kaspiew et al, 2009; Moloney et al, 2010; Qu, 2019). However, in a mandated context, mediation may become a “tick‐box” exercise for some (Kovach, 1997).…”

“…A 2009 survey of clients found that 57% of parents ( n = 860) at FRCs and other centers offering FDR reached full or partial agreements in parenting matters, and most parenting clients were satisfied with their outcomes (Kaspiew et al, 2009). By comparison, surveys involving large random samples of the broader population of separated Australian parents suggest that those who attempt FDR in parenting matters achieve an agreement in less than half of cases, though the proportion has increased over the years since pre‐filing became compulsory (47% in the 2014 Survey of Recently Separated Parents; Qu, 2019). 6 Qualitative research highlights mixed experiences of FDR with regard to both process and outcome; however, positive experiences appear more common among cooperative ex‐partners (Fehlberg & Millward, 2013).…”