There’s a lot to think about when coming to Fair Way’s Family Dispute Resolution service. Here are some of the most common questions we get asked.
FAQs
Frequently asked questions about Family Dispute Resolution
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Do I have to attend in person?
No. While many people prefer to meet in person, we offer online mediation (via video call) and phone options.
This is ideal if you live far apart, are unable to travel, or prefer not to meet face-to-face.
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Do I have to attend mediation with my ex-partner?
Yes, mediation involves both parties, but not always in the same room. We understand this can be uncomfortable for some people so we have some other options.
Shuttle Mediation: We can arrange it so you are in separate rooms, and the mediator moves between you.
Online Mediation: You can also attend from separate locations via video call.
If you have immediate safety concerns, mediation may not be appropriate. Please contact 111 or a family lawyer straight away.
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Do I need a lawyer?
Generally, no. Lawyers do not typically attend mediation sessions.
You can have your lawyer attend mediation with the agreement of the others involved, including the mediator, but they can’t represent you during the mediation sessions.
However, you are strongly encouraged to get legal advice outside of mediation.
You may be eligible for the free Family Legal Advice Service (FLAS). Visit the Ministry of Justice website or call 0800 2 Agree to find out more.
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Can you check the parenting agreement with your lawyer before signing it?
Yes, absolutely. We strongly recommend it. You can seek legal advice at any stage of the process.
You may be eligible for free support through the Family Legal Advice Service (FLAS).
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How do I prove to the court that I’ve been to mediation?
After your mediation, we will issue you with an FDR outcome form.
This form is your proof of attendance and is valid for 12 months.
You must attach it to your application if you proceed to the Family Court.
Don't worry if you lose it - Family Court staff can verify your attendance directly with us when you file your papers.
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How will my cultural/disability/language needs be accommodated?
Please tell us about your needs as early as possible.
We are committed to making our service accessible and culturally responsive.
We ask about your requirements on our online form and during our first call with you.
We can arrange support for language, mobility, cultural, or other needs.
We do our best to make the mediation process as easy as possible for everyone to participate.
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Can I change my mediator?
Yes. If you ever have concerns about your mediator’s impartiality or independence, please contact your Resolution Coordinator immediately to discuss the situation.
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What happens if one of us refuses to go to mediation?
FDR is the required first step for most parenting disputes before you can go to the Family Court.
If the other person refuses to participate, the process stops.
The person who applied for FDR will then be issued an outcome form. This form allows you to apply to the Family Court.
Please note: A Family Court judge can review the case and may decide to refer you both back to mediation if they believe it is suitable.
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What happens if you can’t agree?
That's okay. While most families reach an agreement with us, you don't have to resolve everything.
At the end of the process, your mediator will give you an FDR outcome form.
This form will show which issues (if any) you agreed on, and which are still unresolved.
You can then use this form to apply to the Family Court to get help with the remaining issues.
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Is our agreement legally enforceable?
You can choose to keep your parenting plan private between you or you can apply for it to become legally enforceable (but it is not automatic).
Private agreement: Initially, your plan is a private agreement between you.
Making it enforceable: To make it legally enforceable, you can apply to have it turned into a Court Order. A Family Court Judge will review the plan to ensure it is in your children's best interests before making it an order.
Changing your mind: If your circumstances change, it's best to discuss it together first. If you can't agree on changes, you can return to mediation to update your plan.
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Will the FDR mediator sort out our relationship property?
No, the FDR service is designed specifically for making parenting arrangements.
Discussion is possible: You may be able to discuss relationship property if the mediator agrees it is relevant to your parenting decisions, but it is not the main focus.
Agreements are not enforceable: Any property agreements made in FDR mediation are not legally enforceable. To make them enforceable, you must apply for a separate Consent Order from the Family Court.
We have a dedicated service for this: Fair Way offers a separate Relationship Property Mediation service designed to help you divide property. Find out more here or contact us at rps@fairwayresolution.com
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What support is available for me and my family?
We are committed to helping you find the support you need. Here are some options:
From Fair Way: Your Resolution Coordinator or Child Specialist can connect you with support services in your area. We also provide our own resources to help you prepare for mediation.
External support services: Organisations like Strengthening Families, Shine, Birthright, Skylight and Barnardos offer a wide range of support for families.
We strongly encourage you to reach out if you need help.
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Can you recommend any useful links?
Yes. These organisations provide excellent information and support. Please note: Fair Way is not responsible for the content on external websites.
Ministry of Justice: For official information on the Family Court and justice services.
Community Law: For free legal help and information.
Citizens Advice Bureau: For free, confidential advice on a wide range of issues.
Ministry of Social Development: For information on financial support and services.
SKIP – Strategies with Kids – Information for Parents: For positive parenting strategies and resources.
See how it works in real life
Read our case studies
Want to understand what the process feels like? We have prepared a series of case studies based on real-life family disputes we have helped resolve. Reading about others' experiences may help you feel more prepared for your own.