What the service offers
In many cases, attempting dispute resolution through Family Dispute Resolution Service (FDRS) is a required first step for family law clients – including under our property funding guidelines.
We offer family dispute resolution conferences at both early intervention and litigation stages, to help clients explore options and work out solutions to family law disputes about:
- parenting arrangements
- division of property
- spousal maintenance
- adult child maintenance
- international child abduction.
We receive referrals from the Federal Circuit and Family Court of Australia for family dispute resolution, in cases where one party has a grant of legal assistance, as well as from independent children’s lawyers.
We consider each party a client of our service, including any children attending our child-inclusive program, and take a holistic view of a family’s situation. We encourage parents to take a different approach, to:
- in children’s cases, develop parenting plans that are in the best interests of the children
- in property cases, consider future needs and opportunities
- improve communication and co-operation
- reach solutions that work better for the family group.
We do not support an adversarial approach. We aim to resolve disputes and also support parties to consider their future needs and to improve relationships.
Client eligibility
One of the people involved in the family dispute must have a grant of legal assistance from Victoria Legal Aid to use the service. The grant includes two conferences in children’s matters and three conferences in property matters.
Even if a client has attended family dispute resolution at a community service and has a certificate, they may still be required to attempt lawyer assisted family dispute resolution through our service, as a requirement under Victoria Legal Aid guidelines regarding grants of legal assistance.
To find out if your client is eligible for a grant or is required to attempt family dispute resolution with us, review the VLA Handbook for lawyers.
Cost to your client
The service is free for your client. This does not include the cost of legal representation. Your client may be eligible for a grant of legal assistance. If not, they will have to pay your legal costs.
Interpreters
If your client needs an interpreter, we will arrange an interpreter for them at no charge at every stage of the FDRS process, including the conference.
Client safety
We take client safety very seriously. If risk is too high, it may not be suitable for dispute resolution, even with lawyer involvement and a shuttle format. If a lawyer believes a case may not be suitable, we encourage you to contact us as it can be screened out at an early stage.
Case managers conduct a comprehensive risk assessment in every case, as well as considering whether dispute resolution is appropriate. If safety is an issue, and it is otherwise suitable, the case manager can:
- develop individual safety plans with clients who are concerned about their safety. This can include setting up staggered arrival and departure times. The other party will not be informed about the safety plan
- arrange for your client to have no direct contact with the other party. The parties can be in separate rooms or we can arrange a video or telephone conference with your client with you at your office
- arrange for clients to be supported by an appropriate support person, such as their family violence worker or counsellor or an appropriate friend or family member.
Confidentiality
We take client safety very seriously. If risk is too high, it may not be suitable for dispute resolution, even with lawyer involvement and a shuttle format. If a lawyer believes a case may not be suitable, we encourage you to contact us as it can be screened out at an early stage.
Case managers conduct a comprehensive risk assessment in every case, as well as considering whether dispute resolution is appropriate. If safety is an issue, and it is otherwise suitable, the case manager can:
- develop individual safety plans with clients who are concerned about their safety. This can include setting up staggered arrival and departure times. The other party will not be informed about the safety plan
- arrange for your client to have no direct contact with the other party. The parties can be in separate rooms or we can arrange a video or telephone conference with your client with you at your office
- arrange for clients to be supported by an appropriate support person, such as their family violence worker or counsellor or an appropriate friend or family member.
How the service works
Intake and assessment
Once FDRS receives a grant for family dispute resolution, we will write to each party to confirm our involvement, invite the other party (if not court-ordered or referred by an Independent Children's Lawyer) and then allocate it to a case manager.
Our case management program, which is overseen by accredited family dispute resolution practitioners, includes a risk assessment as well as a consideration of whether the case is appropriate for dispute resolution, as required by the Family Law (Family Dispute Resolution Practitioners) Regulations 2025.
Our case managers speak to each party individually and any independent children’s lawyer appointed. They review any available material including intervention orders and other court orders and any reports made available to us. There can be delays at this stage if we are waiting on key documents, have trouble contacting clients, or if we assess that the invited party requires representation before a conference can be booked.
Preparing for conference
If a family dispute resolution practitioner assesses that it is appropriate to proceed to a family dispute resolution conference, lawyers will be consulted to confirm a conference date. Usually, the more availability you can offer, the more quickly the conference can be booked.
The case manager will have sought each client’s availability to attend and assessed the most appropriate venue and format for the conference, depending on participant needs.
The case manager will help prepare the parties for the conference by gathering information to share with the family dispute resolution practitioner, and asking them child focused questions in parenting cases, and about their financial situation in property cases. Clients will be encouraged to focus on future arrangements, rather than past conflict.
At the conference
An accredited family dispute resolution practitioner (called a ‘chairperson’) from our service will facilitate the dispute resolution conference.
If the matter has not fully settled, the chairperson may suggest a further conference to either test interim arrangements or enable further disclosure in property cases. Before holding any further conference, we will check that any agreed steps have been taken and that one party holds a grant.
Lawyers receiving a grant of aid are responsible for drafting any agreements reached at the conference. We will always recommend that all clients receive legal advice before signing any agreement.
After the conference
As well as issuing any relevant certificate, after a conference the chairperson will prepare a confidential report for our service, as well as a recommendation about further grants of assistance. The chairperson’s recommendation is not binding.
Certificates of dispute resolution
If a case about children’s issues is considered inappropriate for dispute resolution, or one party has declined or failed to attend, one of our family dispute resolution practitioners can issue a section 60I certificate.
If a conference goes ahead, in children’s cases the chairperson will also issue a certificate.
The types of certificates that can be issued under section 60I are as follows:
- one party did not attend family dispute resolution
- the case was not appropriate for family dispute resolution
- all the parties attended and made a genuine effort to resolve the dispute
- all the parties attended, but one or both parties did not make a genuine effort to resolve the dispute, or
- family dispute resolution started, but part way through the chairperson decided it was not appropriate to continue.
If it is a litigation matter and lawyers require a court Dispute Resolution Certificate to be issued, lawyers are responsible for providing this to the chairperson or FDRS.
Find out more about our family dispute resolution practitioners.
Format of conferences
Victoria Legal Aid has offices in the metropolitan and regional locations which we regularly use for in-person conferences or we use private venues across Victoria. We also conference by video conference, or phone, when you and your client can participate from your office. See Our offices.
The format organised is a decision for our service, as required by the family dispute resolution practitioner regulations.
Children
Our service is child-inclusive and promotes children's needs and best interests. While children cannot be present during a conference or client interview, we do offer an opportunity for children to participate.
When children are old enough and if it is suitable to do so (with parental agreement), we will arrange for the children to speak to a specialist child consultant through our Kids Talk program.
The child meetings occur before a dispute resolution conference. Each parent or carer is provided with feedback from the child consultant, and then a confidential written summary is provided to each parent or carer, their lawyer and the chairperson.
Find out more about Kids Talk program, including:
Property and maintenance
If the disputes are financial, we will require each party to also complete an DRS financial statement and/or court form, as part of disclosure. Find out more about our property dispute resolution.
A lawyer’s role at FDRS
Lawyers can make a big difference to the outcome of dispute resolution by preparing their clients well for the process and being supportive, professional participants during our conferences.
This role has legal and non-legal aspects. Lawyers acting as supportive, professional participants:
- provide legal advice during the conference
- discuss the application of the law with other lawyers in the conference
- support and coach clients in negotiation and communication skills
- provide containment for their client
- reality test alternatives to settlement and the workability of proposed agreements
- if holding a grant, draft (or assist another lawyer with drafting) agreements
- support their client throughout the process
- work with the chairperson of the conference to focus their client on the best interests of any child.
More information
We encourage lawyers to raise issues of concern, ask questions or provide feedback. Call (03) 9269 0500 or email fdrs@vla.vic.gov.au
Read our ‘Guide for lawyers at FDRS’ at our Family Dispute Resolution Service and other practice tools
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