Using Alternative Dispute Resolution ( Adr )

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There is a growing interest in the use of alternative dispute resolution (ADR) for certain scenarios instead of litigation. Of course ADR cannot replace formal processes, but it can be applied in situations that would prove more beneficial than in the court system. For example, the use of family dispute resolution (FDR) in family conflicts whereby the conflict involves children. There is legislation that requires these disputes to undergo FDR with a legitimate effort of dispute resolution before they can file for parenting orders in court (Attorney-General’s Department, n.d.). It also includes situations where individuals want to change a current parent order. There are however exceptions to this law where cases are involved with child…show more content…
All government funded FDR services must employ a fees policy that considers the capacity in which a client can pay. For example, Family Relationship centres take into account an individual’s gross annual income and thus determine the fees proportionate to this. The first hour of FDR is always free. If an individual has a gross annual income of $50,000 or above, then they will be charged an hourly rate of $30 for FDR services (Family Relationships Online, 2011). If the client is earning below the amount and receive government health and social security benefits, then they are offered the second and third hour of services free. Furthermore it is encouraged that you should notify your FDR service provider if you are experiencing financial difficulties or on a low income. This allows for all individuals regardless of their earnings, to a time efficient and low to no cost option for family related disputes. It was mentioned earlier that a strength of FDR is that it is less adversarial option. Taking the less adversarial approach in family disputes can help preserve relationships for those involved which is important to them. This is because of its facilitative nature, unlike litigation which takes on an adversarial approach. FDR grants an opportunity for parties to work together and find a solution to the common problem (Jurinski, n.d.) The adversarial system does not provide this quality. And lastly it was noted earlier that FDR is a time efficient option.
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