Family Dispute Resolution
Achieving Solutions Counselling and Mediation Services, Josephine Byrnes-Luna is an accredited Family Dispute Resolution (FDR) Practitioner with over 17 years of combined therapeutic experience with families, parenting, children, couples and individuals; collaborative practice and training in the family law jurisdiction; court ordered family therapy matters some of which are complex and of high conflict and more recently as a lecturer with UWS in the faculty of Law for FDR and ADR studies. With this vast experience, Josephine is in a perhaps unique position to offer a holistic approach to FDR, bringing many aspects of the process of what she believes is necessary for successful dispute resolution, and as an independent FDR practitioner within the legal industry.
Josephine has a specialty with Parenting Matters!
We also conduct much of our FDR process via Zoom very successfully!
What is Family Dispute Resolution?
FDR is a specialised mediation and facilitation process via communication, problem-solving and negotiation, to assist couples who are separating and working towards agreements over the care of children and division of property, assets and liabilities, that are mutually agreed upon. It is also a confidential process, within the limits of the law.
This process is conducted with a Family Dispute Resolution Practitioner (FDRP), who has gained specific skills and experience in mediation and is accredited by the Commonwealth Attorney General’s Department.
Josephine as an FDR practitioner is an impartial party to the process with a focus on the future and helping parties resolve their dispute. Everyone will have the opportunity to express their point of view and be free to talk about their issues of concern in a respectful manner.
All participants must be prepared to follow the process, be willing to listen, are genuinely ready to compromise and are committed to reaching mutual resolutions.
FDR is compulsory, meaning that people who wish to resolve disputes are now required to attend FDR and make a genuine effort to resolve issues before they progress through the court system.
At Achieving Solutions Counselling and Mediation Josephine takes a therapeutic approach to parenting FDR mediation. She finds that providing the time to work with the parties with a therapeutic approach prior to the joint mediation session results in a more harmonious and successful outcome for all parties, especially the children. This approach not only encourages better communication and understanding but is also more cost-effective both financially and emotionally.
Below are some helpful information links about the Family Dispute Resolution process.
Family Dispute Resolution information from the Federal Circuit and Family Court of Australia
“It is becoming more apparent that not all cases have to end up in court or be bitterly litigated. There are so many more mutually beneficial, collaborative processes and ways of dispute resolution that can and will benefit the client, particularly children - financially, emotionally and in a more timely manner.”
— Josephine Byrnes-Luna
Types of Family Dispute
Achieving Solutions Counselling and Mediation Services offers our clients great diversity and experience in the FDR process. We offer offer various models of FDR Mediation to suit your particular needs and circumstances – the Facilitative Model, the Therapeutic Model, the Evaluative Model, the Co-mediation Model and Shuttle Mediation.
The facilitative model of FDR mediation follows a structure and process where Josephine will facilitate discussion and negotiation between you. We do not make recommendations or decisions in the process, but rather encourage you to reach your own voluntary solution by exploring the issues and possible solutions.
As an FDR practitioner, Josephine also offers a Therapeutic Model of FDR mediation for parenting in particular. This is where we can look to work through some of the issues that may need to be addressed to minimise or extinguish their ongoing disruption to your lives and, most importantly, those of your child(ren). We work towards improving your relationship and dispute resolution skills for the future and focus on a more harmonious pathway that is always in the best interests of the children and the family dynamic.
The Therapeutic model of FDR mediation with Josephine will take a different structure than that of the facilitative model, where Josephine will spend more time with the parties both independently and together prior to engaging in the FDR mediation process in addressing the issues. Josephine recognises that there can’t always be a ‘one size fits all’ approach, as not all families operate the same, and there are varying circumstances for each family and what their respective futures may look like beyond the process. The therapeutic model will usually involve a few sessions with each party together or independently, as necessary, prior to the commencement of the FDR mediation process.
The Evaluative model of FDR focuses more on recognising the likely outcome of a settlement in the courtroom and the possible associated costs. An Accredited Specialist in Family Law or relevant qualified practitioner in relevant areas of the FDR mediation can look at the parties' rights and provide an evaluation based on the relevant concepts and fairness, rather than the needs and interests of the clients at the time. The Evaluative model can provide an insight into what may result if the matter proceeds to the Court if the matter does not settle in the FDR mediation process.
The Co-mediation model is where Josephine will work together with another FDR practitioner in the family dispute resolution process. The requirements of your matter will determine this, however, it is usually used when there are complex and/or specialised matters to be addressed in the process.
Shuttle Mediation is where the two parties of the FDR process do not meet together, but rather separately and in different rooms from one another. We as the FDR mediator(s) then ‘shuttle’ between the parties working towards reaching an agreement. This process often takes longer and is often used where there is a high acrimony between the parties.
Please contact the office for more information about the various FDR mediation models.
Parenting Plan
The breakdown of a family is a very difficult and challenging time for all involved and when this happens children need a lot of love, guidance, support and nurturing by both parents. A mutually agreed Parenting Plan can help to meet many of the needs of the children at this very difficult time, and also help provide the very important need of stability and consistency in the relationship between parents and their children, as well as clarifying the arrangements towards the care of the children.
The parenting plan can be amicably drawn up with me together or in separate sessions. The parenting plan will place the best interests of any children first and foremost, and sometimes consider the wishes of the children, which can be dependent on their age and other factors that will be determined at the time. There are a number of areas of care that can be covered in the parenting plan and we can work these out together as part of the process. The term of the parenting plan can also be negotiated so there are mutual review periods built into the plan and these can depend on the individual and any needs at the time.
In drawing up the parenting plan, it should also be noted that the Family Law Act focuses on the rights of the children and the responsibilities that each parent has towards their children, rather than on parental rights. The Act aims to ensure that children can enjoy a meaningful relationship with each of their parents and are protected from harm.
Where parents are unable to agree on any care arrangements for their children, then you may need to have the Family Court make such decisions and issue a Parenting Order. This can be a long and drawn-out process and often does not allow the very important need for stability and consistency in the relationship between parents and their children, or clarifying arrangements for the care of the children.
Where domestic violence and/or a history exists, or an AVO is in place or pending, the parenting plan may not be suitable and should be determined on a case by case basis.
I would be more than happy to work with you and have a mutually workable parenting plan in place, as these do not have to be set up by a legal representative.
Following are some helpful information links about the Parenting Plans.
Parenting After Separation – Australian Government
Financial & Property Matters
Financial & Property Matters
Whilst in a relationship it is highly likely that assets have been acquired, like real estate, motor vehicles, furniture and investments as well as liabilities. When a relationship breaks down, this is a challenging time and then working through how the assets and liabilities are then distributed can often cause conflict and tension.
You must seek independent legal and financial advice on all your assets and liabilities and the implications any of these may have for you now and in the future. Most importantly this is to ensure you are fully informed to make good positive decisions that will be fair and equitable.
There must be full, frank and open disclosure in the FDR mediation process pertaining to financial and property matters in a timely manner within the process.
“Perhaps it is the mediation of show and tell, not hide and seek.”
– Senior Judicial Registrar McGrath, Family Court of Australia
Assets and Liabilities
The FDR process can help you when dividing up your assets and liabilities. This is carried out in a confidential environment where areas of concern can be explored, and any final agreements are mutual. You will need to prepare and gather relevant information for the FDR process about your property and financial matters.
Below is some further information about Finance and Property in the Family Dispute Resolution Process:
Finance and Property and Overview – Federal Circuit and Family Court of Australia
