Family Dispute Resolution (FDR)
What is FDR?
FDR is a specialized branch of ADR (alternative dispute resolution) which typically denotes a wide range of dispute resolution processes and techniques that can help settle disputes without going to court in all areas of law. This includes mediation, arbitration, and negotiations between lawyers and/or parties. FDR employs the same tools (plus collaborative law) but the process is tailored to parenting time, decision-making responsibility, child and spousal support and property division. The practitioners in this field have family law training. The focus is child-focused and family-specific as opposed to general conflict resolution. It considers the unique emotional and legal aspects of families.
What is the advantage of using ADR instead of going to Court?
The hope is that they will come to a solution that is more tailored to their needs and needs of their children. These processes can be more cost-effective and less stressful than the traditional Court process.
Which Acts require you to try to resolve your issues through family dispute resolution (FDR) processes outside of the court?
Both the Divorce Act and the Children’s Law Reform Act require you to try to resolve issues outside of court. These processes include negotiation, arbitration, mediation, and collaborative law.
How has the Divorce Act been changed to include a definition for the family dispute resolution process?
The Divorce Act, effective March 1, 2021, now includes a definition for the FDR process. This process encourages parties in family law disputes to attempt resolving their issues without court intervention, incorporating methods like negotiation, mediation, collaborative law, and arbitration. The Act mandates individuals to consider FDR where appropriate, especially to shield children from conflict, with exceptions noted for circumstances involving family violence or significant power imbalances.
Discuss the three ways the Divorce Act encourages the use of a family dispute resolution process.
The Divorce Act encourages family dispute resolution in three specific ways:
- Section 7.3 mandates parties to attempt resolution through such processes;
- Section 7.7(2)(a) requires lawyers to advise their clients towards these non-court methods;
- Section 16.1(6) permits courts to order mediation or similar methods for resolving parenting disputes, aiming to facilitate cooperation and prioritize the child’s best interests.
Do parties have to use ADR?
Yes, the Divorce Act and the Children’s Law Reform Act require you to resolve your family issues outside the court using family dispute resolution process.
Under what circumstances is ADR not a viable option to resolve issues?
ADR (Alternative Dispute Resolution) may not be suitable in situations involving a history of family violence, where one party fears the other, or in cases with serious mental health or drug abuse issues. Unfortunately, ADR assumes equal bargaining power and that parties enter the process voluntarily. ADR therapists must have a deep knowledge of the dynamics of abuse as well as effective screening tools.