An alternative to Family Court

Family Dispute Resolution (FDR) is an out-of-court mediation process to assist families to make decisions about children. The main purpose is to discuss the needs of the children however sometimes mediators will permit discussion about other issues if it helps toward getting an agreement about the children. It is accessed primarily through two nationwide organisations: FairWay Resolution and Family Works.

FDR is a prerequisite to filing an on-notice Care of Children Act application in the Family Court. A Judge may also direct parties to attend Family Dispute Resolution after court proceedings have begun if the Judge believes it will assist the parties to resolve some or all of their dispute. All FDR mediation hours can be used within a 12-month period for each dispute (even if the same parties are involved). ​ Note this is different from the eligibility for Family Legal Advice Service funding (to see a lawyer), which is only accessible once every 12-month period per case (e.g. if the parties to the dispute are the same). Call us if you get confused about this! A person might be exempted from FDR if there is a barrier to participation (e.g. family violence) or the other party refuses to attend.

The mediator will help participants identify the core issues they wish to talk about. These might include topics like: where the children live, drop off times and places, what happens on special occasions, making decisions about the children’s upbringing (e.g. which school the children will attend).

If agreement is reached then participants can use the mediation agreement as the basis for their care/contact arrangements. It is also possible for the mediation agreement to be recorded in a court document called a consent memorandum. This is a document which asks the Court to issue the appropriate order outlining what was agreed at mediation and is enforceable, whereas a mediation agreement is not. However, not all parents need a court order. If the dispute is not resolved, or only partially resolved, then an application may be made to court to have the dispute resolved.

The parties attending and the mediator decide who else may attend a mediation. Depending on the situation it might be beneficial to include extended family/whanau. In most cases, children will not be involved. It is unlikely there will be a Lawyer for Child attending. Normally the parties’ lawyers do not attend either, however it is possible for lawyers to attend if this is agreed between the parties and the mediator (there is no legal aid/Family Legal Advice Service funding for this).

Government providers charge a mediation fee per mediation. Private providers may set their own mediation fees. People on a low income might qualify for a subsidy if they use a government provider.