The Law Handbook 2024

66 Section 2: Getting help Family dispute resolution conferences are run by experienced and trained family dispute resolution practitioners (‘ chairpersons ’) who are registered with the Commonwealth Attorney-General. Chair- persons help the people involved in a family law dispute to identify and consider their options, and work towards reaching an agreement. Chairpersons do not give legal advice. Family dispute resolution conferences can happen in different ways to help individuals feel comfortable and safe. The different types of family dispute resolution conferences are: • ‘Joint’ conference : You and your lawyer can speak with each other and the other parties in person or by telephone or video conference. You can also speak privately with your lawyer and the chairperson. • ‘Shuttle’ conference : You do not have to see or speak to the other person. The chairperson speaks to each party (and their lawyer) separately. Shuttle conferences can take place in the same building where you each have a safe room in a separate area, or they can take place by telephone or video conference. • Flexible approaches : Sometimes conferences move from a joint format to a shuttle format if it makes the parties more comfortable. Conferences can also start in shuttle format and move to joint. However, you should never feel pressured to meet with the other party if you are afraid. At the end of the FDRS process, you will receive a certificate to say that: • all the parties attended and made a genuine effort to resolve the dispute; or • all the parties attended, but one or both of the parties did not make a genuine effort to resolve the dispute; or • family dispute resolution started, but part way through, the FDRS decided it was not appropriate to continue; or • one party did not attend; or • the case was not appropriate for family dispute resolution. If you apply to a court for a parenting order, the judge may take the FDRS certificate into account when making decisions about your case (including whether one of you should pay the other’s legal costs). However, in most cases, you can only apply for a parenting order if you have a certificate from a family dispute resolution practitioner. Who can use the FDRS? To use the FDRS, at least one person must have a lawyer and a grant of legal assistance from VLA. An indepenent children’s lawyer can access the service for a family. A person may use the service without a lawyer, but VLA strongly encourages everyone to get legal advice. VLA can help a person to find a lawyer. People who cannot afford to pay a lawyer can apply for a grant of legal assistance that will cover a lawyer’s fees. In some limited cases, a duty lawyer service is available. Getting started A case manager works out if the FDRS is suitable for the people in dispute, by speaking to each person privately and separately before having a conference. The case manager selects the most appropriate format and venue for the conference. Everyone who is invited to participate in the FDRS receives a brochure about the FDRS, information about VLA’s Kids Talk program (www.legalaid.vic. gov.au/kids-talk) , and other information published by the Australian Government on family dispute resolution and parenting plans. FDRS locations When conferences can occur in person, they can be held at many locations in metropolitan and rural Victoria, including at many of VLA’s offices (for office locations, see ‘Victoria Legal Aid’ in Chapter 2.4). Also, to allow people to safely participate from wherever they are, the FDRS delivers services (including assessment interviews and conferences) by telephone and video conference. Cost The FDRS is free. However, you may have to pay your lawyer’s fees if you do not have a grant of legal assistance. How children are involved All conferences are focused on the best interests of the child or children involved.