A new service to help families in conflict

 

In April the family justice system underwent a number of changes that acknowledged the Family Court is not always the best place to help families resolve family disputes.

 

These changes were introduced to reduce the stress on families and children by avoiding – wherever possible – delays, conflict and the expense that court proceedings can entail.  One of these changes was the introduction of the Family Dispute Resolution Service, also known as FDR.

 

What is Family Dispute Resolution?

FDR is designed to help families reach agreement on parenting and guardianship matters after separation.

 

While most parties (sometimes these aren't the parents) can reach agreement on parenting and guardianship matters privately, some people need extra help. FDR is a mediation service that helps parties discuss their parenting arrangements and other guardianship matters with the aim of helping them reach agreement without the need to go to court.  Mediators work with both parties so that a practical agreement can be reached. 

 

FDR is a compulsory step for parties who are commencing proceedings in the Family Court.

 

It's easy to locate a mediator in your area. You can either visit www.justice.govt.nz/family-justice or telephone 0800 224 733.  

 

How much does it cost?

If you are on a low income you may qualify for fully funded mediation services. If you don't qualify for the full funding you can still access mediation services at a set price from a government provider. To find out if you are eligible for funding visit www.justice.govt.nz/family-justice and search for the Funding Eligibility tool.

 

FDR mediation

When you contact an approved FDR mediator you'll be asked to provide details of the other parties involved in the dispute. Generally this will be your partner but it can be another family member depending on the family dispute. This service is free if you qualify for government funding.

Not all disputes are suitable for FDR so the mediator will assess a number of matters.  A mediator will look at whether:

• There have been incidents of domestic violence
• You can fully take part in FDR. You and the other party may not be able to take part if one of you is in prison, overseas, or if either of you doesn't wish to participate, and
• You may benefit from counselling before attending FDR. You may not be in a position to think clearly about your children's care or contact. Separation and family disputes are difficult and counselling may help you. Counselling may be offered to you alone, or together with the other party.  

 

What if agreement can't be reached?

If you can't make an agreement or you agree on some things but not others, the mediator will record that. You may then decide to apply to the Family Court for your agreement to be finalised; if no agreement is made you can apply for further directions from the court.

 

A separation is always difficult for families. With the introduction of FDR, now there's an easier way to resolve any disputes you may have.