What is a genuine effort in family dispute resolution?
Many people ask what it means to make a "genuine effort" in FDR. It is an important question, particularly where a parenting dispute may later proceed to court.
A genuine effort does not mean agreeing with the other person. It does not mean accepting an arrangement you believe is unsuitable. It means genuinely engaging with the opportunity to resolve the dispute.
Examples of what a genuine participation look like:
attending scheduled FDR
listening to the other participant
explaining your concerns
putting forward proposals
considering alternatives
responding to reasonable proposals
providing relevant information
participating respectfully.
FDR is unlikely to be productive if someone arrives determined not to discuss any solution, repeatedly insults the other participant or refuses to consider any information.
However, individual conduct must always be assessed in context. Safety concerns, family violence and other circumstances may affect a person's ability to participate.
Genuine effort is not about giving up. Some people avoid FDR because they think attending means the other parent will "win." That is not the purpose of FDR. The process allows participants to negotiate. You remain entitled to put forward your position and seek advice.
In the event that a participant does not make a genuine effort a FDR practitioner can record the relevant outcome on the appropriate section 60I certificate where the legal requirements are met. A certificate can record, among other things, that both parties attended but one or both did not make a genuine effort. The certificate is not a judicial finding that someone is a "bad parent" or a bad person. It records the outcome of the FDR process.
You cannot control how the other participant behaves. You can control how you approach the process. Prepare. Listen. Explain your concerns. Consider alternatives. Use active listening skills. Ask questions. Obtain legal advice where appropriate.
A genuine effort is about giving the dispute-resolution process a real opportunity to work while still protecting your interests and your children's needs. The legal consequences of FDR participation depend on the circumstances. Obtain legal advice where required.
The key is to engage with the process rather than treating attendance as a box to tick. FDR works best when both participants are prepared to listen, explain their concerns and consider realistic alternatives.
Genuine effort should not be confused with being agreeable. A participant may have strong objections to a proposal and still engage constructively. The important distinction is between disagreement and refusal to participate in the process.
For example, a parent might reject a proposed weekly schedule because of school commitments, then offer two alternative schedules. That demonstrates engagement even though the original proposal was rejected.
Similarly, in property mediation, asking for documents or clarification before responding to an offer can be a reasonable part of negotiation. Participants should not be expected to make informed decisions without information that is reasonably necessary to understand the proposal.
If you are concerned about whether your participation is sufficient, ask your lawyer or the FDRP to explain the process. Your individual circumstances matter, particularly where safety, capacity or other barriers affect participation.
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