Family Violence and FDR
Family violence and Participation in Family Dispute Resolution (FDR)
What if there has been family violence?
FDR (mediation) might not go ahead if the mediator assesses that:
you are unable to participate because of the violence, or
that the mediation will subject you or your children to violence.
If this is the case, the mediator can issue a certificate so you can go to court and have your dispute sorted out there.
If you have experienced abuse or violence from your ex-partner, you may still choose to go through FDR, but it is imperative that you feel safe and are safe before, during and after mediation. Therefore, extra safety measures are put in place, such as online, shuttle or phone mediation.
Part of the FDRP's role is to continually assess the appropriateness of mediation through ongoing risk and safety assessments, starting with the pre-mediation intake session. The pre-mediation intake session is a confidential and private session with the mediator to assess all risk and safety issues, suitability and appropriateness of FDR.
Extra safety measures are put in place to ensure that the FDR process is safe and fair at all times. These include:
· Comprehensive Intake, Assessment and Safety Screening session: This is a private confidential session with the mediator to discuss and assess the history of the relationship, separation, best interests of the children and risk issues. This session will help determine the appropriateness for FDR and future needs. Risk assessment tools such as 'Family Doors' (Detection of Overall Risk Screen) are used to determine suitability.
· Phone or online – All mediations are online using zoom or by phone. This ensures the safety of all participants. Mediations can either be face to face in the same zoom room or shuttle (different confidential zoom rooms where you cannot see or hear the other person)
· Legally assisted mediation – Both parties can have lawyers present. This needs to be arranged prior to the mediation taking place.
· Regular Breaks – breaks and 'private sessions' can be requested at any time of the mediation. During this you can seek further legal advise and/or speak to a support person.
· Stop the mediation – If you feel unsafe at any time, you can stop the mediation. If the mediator assesses the process is not safe at any time, they will also stop the mediation.
You must be able to talk about issues, make proposals, negotiate and make decisions free from intimidation or coercion. The mediators are there to ensure the participant's safety and the safety of children at all times.
Please click on the link if you would like to talk further to one of our mediators