Decision outcome help
| Decision in RMS |
When to use |
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Decision type = Suitable for FDR
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Party/parties are suitable to continue with FDR and start mediation sessions.
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Decision type = Refer to Preparation for Mediation
Specify whether the parties should attend Preparation for Mediation jointly or separately.
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Party/parties are suitable to continue with FDR, but would benefit from Preparation for Mediation.
Arrange a suitable counsellor with the party/parties (selected from the group of approved counsellors). Note: How this communication is managed is at the discretion of the FDR provider and the counsellor to determine.
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Decision type = FDR exempt
FDR exempt reason = Unable to participate effectively
List the reasons why one or more of the parties is unable to participate effectively in ‘Enter reasons here’ (summary only — don't enter detailed reasons).
Generate the 'Family Dispute Resolution Could Not Be Completed' form and issue to relevant parties.
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When an FDR provider decides that it is inappropriate to start or continue with FDR for a family because at least one of the parties to the family dispute is unable to participate effectively in FDR. E.g. one of the parties may live abroad, be in prison or have mental health issues.
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Decision type = FDR exempt
FDR exempt reason = Party at risk
Generate the 'Family Dispute Resolution Could Not Be Completed' form and issue to relevant parties.
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When an FDR provider decides that it is inappropriate to start or continue with FDR for a family because at least one of the parties to the family dispute, or a child of one of the parties, has been subject to domestic violence by one of the other parties to the dispute.
This is a factual determination that may be evidenced by a Protection Order or Police Safety Order. The FDR provider must be certain the domestic violence has occurred.
If you believe that your party is at risk, select the ‘Party at Risk’ indicator in the party’s record.
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Decision type = FDR exempt
FDR exempt reason = Inappropriate to continue with FDR
List the reasons why FDR is inappropriate in ‘Enter reasons here’ (summary only — don't enter detailed reasons).
Generate the 'Family Dispute Resolution Could Not Be Completed' form and issue to relevant parties.
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When an FDR provider decides that it is inappropriate to start or continue with FDR for a family because a situation exists that gives the FDR provider reasonable grounds for deciding that family dispute resolution is inappropriate for the parties to the family dispute.
This may include but is not limited to:
- a power imbalance
- potential for domestic violence
- abusive behaviour
- child safety or welfare.
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Decision type = FDR exempt
FDR exempt reason = Party did not participate
List the names of the party/parties who refuse to attend in ‘Enter names here’. Do not list any support people.
Generate the 'Family Dispute Resolution Could Not Be Completed' form and issue to the participating party/parties only.
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When an FDR provider decides that it is inappropriate to start or continue with family dispute resolution for a family because one of the parties to the family dispute refuses to attend or to continue to attend family dispute resolution.
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Decision type = Administration withdrawal
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When an FDR provider or supplier have made reasonable effort to engage all the parties but was unsuccessful.
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Decision type = Agreement to mediate not signed
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When an FDR provider or supplier cannot make FDR progress any further due to parties not signing the agreement form.
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Decision type = Joint withdrawal by all parties
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When an FDR provider or supplier has agreement from all parties that they wish to withdraw from FDR.
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Decision type = Preparation for Mediation in progress
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Party/parties have attended some Preparation for Mediation but would benefit from more preparation before moving on to mediation sessions.
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Decision type = Mediation in progress
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When the parties have attended some mediation but more mediation sessions will be held.
If the parties have completed some mediation but more mediation is planned in order to continue discussions, then mediation will still be considered in progress. However, if you judge that it would be appropriate in a certain case to issue an outcome form, e.g. if you think there will be issues getting the parties to return to mediation, then you can take the decisions 'FDR completed - No/Some matters resolved' (see below).
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Decision type = FDR completed – All matters resolved
Enter the agreements that have been reached into ‘Enter matters in dispute that are agreed’ (summary only — don't enter detailed agreements).
Generate the 'Outcomes of Family Dispute Resolution' form and issue to all parties.
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When an FDR provider and the parties agree that resolution has been reached on all matters in the dispute, the FDR provider must, under the Act, give each of the parties to the family dispute a form that states:
- all of the matters on which resolution has been reached
- the agreement reached in respect of those matters.
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Decision type = FDR completed – Some matters resolved
List the agreements that have been reached in ‘Enter matters in dispute that are agreed’ (summary only — don't enter detailed agreements). List the matters that cannot be resolved in ‘Enter matters still in dispute’ (summary only).
Select whether you recommend a settlement conference or legal representation.
Generate the 'Outcomes of Family Dispute Resolution' form and issue to all parties.
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When the parties have completed some mediation and have reached an agreement on some matters, but the FDR provider believes that the remaining matters cannot be resolved within a reasonable time, the FDR provider must, under the Act, give each of the parties to the family dispute a form that states:
- the matters on which the parties reached and did not reach resolution and;
- if in their opinion:
- a settlement conference would be likely to facilitate settlement of the matters on which the parties did not reach resolution; and
- at least one of the parties would need legal representation at a settlement conference in order to participate effectively in that hearing.
Note: The FDR provider is not able to be called as a witness in relation to opinions under (i) and (ii).
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Decision type = FDR completed – No matters resolved
List the matters that cannot be resolved in ‘Enter matters still in dispute’ (summary only — don't enter details).
Select whether you recommend a settlement conference or legal representation.
Generate the 'Outcomes of Family Dispute Resolution' form and issue to all parties.
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When the parties have completed some mediation but have not reached an agreement on any matters and the FDR provider believes that FDR cannot be resolved within a reasonable time, the FDR provider must, under the Act, give each of the parties to the family dispute a form that:
- identifies the matters on which the parties did not reach resolution; and
- whether in their opinion:
- a settlement conference would be likely to facilitate settlement of the matters on which the parties did not reach resolution and;
- at least one of the parties will need legal representation at a settlement conference in order to participate effectively in that hearing.
Note: The FDR provider is not able to be called as a witness in relation to opinions under (i) and (ii).
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