Property Family Dispute Resolution (Property FDR)

Property FDR is different from private mediation

Property FDR is conducted under Australian family law. While much of the FDR process is similar to private mediation, there are some differences.

Private mediation is normally provided by an accredited mediator; Property FDR needs to be provided by an accredited Family Dispute Resolution Practitioner (FDRP) who is specially trained to comply with family law and to take into account those things mandated by the Family Law Act and a number of regulations.

The purpose of Property FDR is to assist two people who are or have been married or in a de facto relationship sort out their differences in the splitting of their property. The aim is to reach a final settlement of this matter with the possibility of the parties drafting and signing a property settlement, with their respective lawyers’ assistance, based on the agreements reached during the Property FDR. The aim is for any property settlement to be final and binding.

Property FDR is usually carried out over two to four 2½-hour sessions, giving the parties the opportunity between sessions to gather information, such as valuations, and to seek extra financial and legal advice if needed. The FDRP is not able to give any advice but will lead the parties to identify when such advice may be necessary.

Before the property FDR sessions can commence, the FDRP will have an assessment session with each party (up to an hour with each) to fulfil the requirements of the Family Law Act. The parties will also be asked to sign a Property FDR Agreement before the first session.

Further information about Property FDR can be found in Property FDR FAQs.

Areas of Mediation

The Mediation Process

Rules of Mediation

Parenting Family Dispute Resolution

During the Mediation

About the mediator – Daan Spijer