How can we help?
Randal Binnie, is an accredited Family Dispute Resolution practitioner as defined by Section 10G of the Family Law Act (and is an experienced family lawyer and mediator (see our Mediation page).  Randal has conducted many family dispute resolution processes under the Family Law Act with the vast majority of case ending in final agreement.  In some cases the parties have reached an interim agreement on the basis that they will consider how the interim arrangement works before moving to a final arrangement.

It is not necessary that you have a lawyer attend with you at family dispute resolution but there is no impediment to your lawyer attending, in fact we find that lawyers assist the process in most cases by providing sensible advice and guidance to their clients. 

If you have a family law dispute all you need to do to get immediate assistance is to contact our office and speak with Randal Binnie, or our friendly staff outlining the issues in dispute and the names and addresses of the parties and the children involved.  Randal will then issue a written invitation to the other party to attend FDR.  Upon receiving a response we will then arrange suitable times for an intake session (often by telephone with the purpose of ascertaining the issues in dispute, whether the matter is suitable for mediation and educating the parties about the process) and also arrange for a time and date for the mediation. 

We have mediation rooms available at our Springwood office and if necessary can attend a suitable venue arranged by the parties or their solicitors.

What if the other party refuses the invitation or an agreement is not reached at FDR?  An FDR practitioner's role under the Family Law Act is to facilitate an agreement being reached, however if that is not possible then a Certificate under Section 60I of the Family Law Act may be issued by the FDR practitoner.

The certificate can state that a party refused to attend, that the matter was unsuitable for FDR (eg because of family violence), that the parties attended but despite making a genuine attempt they could not reach agreement, or alternatively that the process took place but a party or parties did not make a genuine attempt to resolve their differences.

There are possible consequences if the matter proceeds to Court if the certificate states that a party refused to participate or did not make a genuine attempt to participate such as a costs order being made against that party or the parties may be ordered to attend FDR.

How we can help lawyers practicing in Family Law?  We are often requested by lawyers to invite parties to family dispute resolution.  Upon receiving a written request by email, facsimile or letter we can issue an invitation to FDR, usually on the same day the request is made.

What are the costs?  We charge an initial fee of $220 (inclusive of GST) to issue an invitation to attend FDR which includes the issue of a Certificate if there is a refusal to attend.  If the other party agrees to proceed to FDR then the fee is $165 (inclusive of GST) per party per hour.  Four hours is usually set aside, approximately one hour for preparation and three hours mediation time.  Of course we are able to extend the length of the mediation if all parties are agreeable or alternatively the process can be adjourned to another day.