Court-based Family Dispute Resolution Conference

A court-based Family Dispute Resolution Conference ("court-based FDRC") is much the same as any other private mediation or Family Dispute Resolution Conference, though there are some key differences which are discussed below.

The primary difference is that the Family Dispute Resolution Practitioner who runs the court-based FDRC, is a Registrar of the Federal Circuit and Family Court of Australia. This means the person facilitating your negotiations is employed by the Court. As a result, parties are often concerned that this means their negotiations aren't confined to the court-based FDRC and may be later used against them in the proceedings, if a final agreement can't be reached. While a common concern, the Court appreciates that dispute resolution is so effective in helping parties reach an agreement because they can confidentially make concessions they wouldn't otherwise make in open Court. Given this, the court-based FDRC is privileged (or to be kept confidential from the proceedings) except where it concerns threats of harm to a person or child.

Where appropriate, the Court may list your matter for a court-based FDRC with a Registrar and a Court Child Expert. A Court Child Expert is a social worker or psychologist employed by the Court who is able to offer insights into child development and what care arrangements might serve the best interests of your children. This can often help parties see their dispute through a different, more child-focused lens.

Finally, your matter may be allocated for either a full day or a half-day court-based FDRC, depending on the number and complexity of issues in dispute, and considering the Court's available resources at that time. Regardless of whether your matter is allocated a half or full day however, all court-based FDRC events will take place in two parts on separate days as follows:

Part 1

This is helpfully thought of as a pre-FDRC interview. It is an opportunity for you, via phone, to meet one on one with the Registrar who will be running your FDRC to understand how the FDRC will run on the day, and for the Registrar to answer any questions you may have about the process.

Part 2

Part 2 of the FDRC is when you and the other party engage in the actual negotiations to reach an agreement, facilitated by the Registrar and the Court Child Expert (if one is appointed). This part may go for a full day or half day and in person or by electronic means, depending on how the Court has allocated for your matter. Whether this part is conducted jointly with you and the other party (and lawyers) in the same room, or via shuttle format (with the Registrar and Court Child Expert switching from room to room) is a matter which will be determined by the Registrar.