Abstract
The contemporary nature of family dispute resolution in parenting matters in Australia is discussed, with a focus on the purported 'independence' of family dispute resolution practitioners (FDRPs). The legislation provides a wide scope for FDRPs in terms of the processes that they are permitted to facilitate under the umbrella of family dispute resolution.
Highlights
This article considers the contemporary nature of family dispute resolution in parenting matters in Australia
In this article we have considered the scope of the operation of family dispute resolution practitioners (FDRPs) within the Australian family law system, and critically analysed whether their role can be considered to be an ‘independent’ one having regard to the current legislative and regulatory framework within which they operate, and the realities of practice
We have acknowledged that the legislation provides a wide scope for FDRPs in terms of the processes that they are permitted to facilitate under the umbrella of ‘family dispute resolution’
Summary
This article considers the contemporary nature of family dispute resolution in parenting matters in Australia. In reality, the legislative and policy obligations of FDRPs mean that only a relatively narrow and limited notion of practitioner ‘independence’ can accurately be held out to parties participating in family dispute resolution Such limitations must be acknowledged if the process is to be accurately represented, and if its practice is to be efficacious. Mediation is the key process used by parties required to participate in ‘family dispute resolution’ as arbitration is not considered appropriate in most family law matters.[10]. 18 Many FDRPs practice in Family Relationships Centres and other community mediation organisations, funded by the federal government, but separate to the functioning of courts.[19] Other providers of family dispute resolution include Legal Aid Commissions around Australia and independently accredited practitioners who consist of family lawyers and social. Lawyer and social scientist mediators are subject to the professional codes of conduct of their professions.[20]
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