Family Dispute Resolution
Josephine Byrnes-Luna is an accredited Family Dispute Resolution Practitioner with more than 18 years' experience working therapeutically with children, parents, couples, families and individuals. Her experience also includes collaborative practice within the family law jurisdiction, complex and high conflict Court ordered family therapy matters, and more recently, lecturing and subject co-ordination in Family Dispute Resolution Studies within the Faculty of Law at Western Sydney University.
This breadth of experience allows Josephine to bring together therapeutic understanding, practical family law knowledge and skilled dispute resolution to provide a calm, balanced and child focused approach to Family Dispute Resolution. Her focus is not simply on reaching an agreement, but on helping families develop workable arrangements that support healthier communication and more positive parenting into the future.
Parenting matters are a particular area of expertise, with a strong emphasis on helping parents make decisions that remain centred on the needs and wellbeing of their children.
For the convenience of families across Australia, many Family Dispute Resolution conferences are conducted successfully via Zoom.
“When people understand each other, even a little better, they are often able to reach agreements that are more meaningful, more workable and more likely to last.”
— Josephine Byrnes-Luna
What is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a specialised mediation process that assists separating couples to communicate, negotiate and work towards practical agreements about parenting arrangements, property and financial settlements. It is a confidential process, within the limits of the law.
The process is facilitated by an accredited Family Dispute Resolution Practitioner (FDRP), who has undertaken specialist training and accreditation through the Commonwealth Attorney General's Department.
As an independent and impartial FDR Practitioner, Josephine's role is to guide the process, encourage respectful communication and help parties explore practical solutions for the future. Each person has the opportunity to express their views, be heard and participate in discussions in a respectful and constructive manner.
For Family Dispute Resolution to be effective, participants need to be prepared to engage in the process, listen to one another, remain open to different perspectives and make a genuine effort to reach mutually acceptable agreements.
For most parenting disputes, parties are required to make a genuine effort to resolve their issues through Family Dispute Resolution before commencing Court proceedings, unless an exemption applies under the Family Law Act.
One aspect that distinguishes Achieving Solutions Counselling and Mediation Services is Josephine's ability to integrate a therapeutic approach into parenting matters where appropriate or requested. By spending time working individually with parents before a joint mediation session, many of the underlying communication difficulties, emotions and parenting concerns can be explored in a calm and supportive environment. This often allows parents to approach the joint session feeling better prepared, communicate more effectively and focus on reaching practical agreements that support their children. It can also reduce the emotional and financial costs associated with ongoing conflict.
Below are some helpful information links about the Family Dispute Resolution process.
Family Dispute Resolution information from the Federal Circuit and Family Court of Australia
“It is becoming more apparent that not all cases have to end up in court or be bitterly litigated. There are so many more mutually beneficial, collaborative processes and ways of dispute resolution that can and will benefit the client, particularly children - financially, emotionally and in a more timely manner.”
— Josephine Byrnes-Luna
Family Dispute Resolution Models
Every family is different. The issues that bring people to Family Dispute Resolution, their communication styles and the complexity of their circumstances all vary. For this reason, Josephine does not believe in a "one size fits all" approach. Achieving Solutions Counselling and Mediation Services offers a range of Family Dispute Resolution models, allowing the process to be tailored to your family's individual needs and circumstances.
Facilitative Family Dispute Resolution
The Facilitative Model is the most commonly used form of Family Dispute Resolution. Josephine guides discussions, encourages respectful communication and assists parties to identify issues, explore options and negotiate practical agreements. As the Family Dispute Resolution Practitioner, Josephine remains impartial throughout the process and does not make decisions or impose outcomes. The focus is on helping parties reach their own voluntary agreements.
Therapeutic Family Dispute Resolution
For many parenting matters, families benefit from more than simply bringing everyone together around the mediation table. Josephine offers a therapeutic model that provides additional time to work with parents, either individually or together, before the joint mediation conference.
This approach recognises that unresolved emotions, communication difficulties and long standing patterns of conflict can sometimes prevent meaningful discussions from taking place. By addressing these issues beforehand, parents are often better prepared to participate in mediation, communicate more effectively and focus on practical arrangements for their children.
The therapeutic model may involve several preparatory sessions before the formal Family Dispute Resolution conference. Every family is different, and the process is adapted to suit the individual circumstances of each matter.
Co-mediation
For families with more complex parenting, property or financial matters, co-mediation provides the opportunity to work with two experienced Family Dispute Resolution Practitioners throughout the mediation process.
Josephine Byrnes-Luna has partnered with Kerry McLouta, an experienced Family Law Practitioner and accredited Family Dispute Resolution Practitioner, to offer a unique co-mediation service combining more than 35 years of experience across family law, Family Dispute Resolution and the social sciences.
This model brings together complementary professional knowledge, therapeutic understanding and practical legal experience within the one mediation conference. Parties benefit from two experienced practitioners working collaboratively throughout the process, assisting them to explore options, resolve issues and work towards practical and sustainable agreements.
Our half day co-mediation conferences provide exceptional value, giving families access to the combined expertise of two highly experienced practitioners in a single mediation process, whether the matter involves parenting arrangements or property and financial settlement.
Shuttle Mediation
Shuttle Mediation allows parties to participate in Family Dispute Resolution without being in the same room. Each person remains in a separate room, or separate Zoom meeting where appropriate, while the Family Dispute Resolution Practitioner moves between the parties, facilitating communication and negotiations.
This model is often suitable where conflict remains high or where parties feel unable to comfortably participate in a joint session.
Evaluative Family Dispute Resolution
In some circumstances, an Evaluative Model may be appropriate. This approach considers the likely legal outcome should a matter proceed to Court. An appropriately qualified practitioner, such as an Accredited Specialist in Family Law, may provide information about legal principles, likely outcomes and relevant considerations to assist parties in evaluating settlement options.
Which model is right for you?
Not every family requires the same approach. During your intake consultation, Josephine will discuss your circumstances and consider the Family Dispute Resolution model that is most appropriate for your situation, with the aim of providing a process that is respectful, practical and tailored to your family's needs.
Parenting Plan
The breakdown of a family is one of life's most difficult experiences, particularly for children. During times of change, children benefit from love, guidance, reassurance and the ongoing involvement of both parents wherever it is safe and appropriate.
A Parenting Plan provides parents with the opportunity to work together to develop practical arrangements that support their children's wellbeing. It can provide clarity around day to day care, help create stability and consistency for children, and reduce uncertainty by setting out agreed parenting arrangements for the future.
Parenting Plans can be developed during joint Family Dispute Resolution sessions or, where appropriate, through separate meetings. Every Parenting Plan is tailored to the individual needs of the family and may address matters such as living arrangements, time with each parent, school holidays, special occasions, communication, decision making, travel and other issues that are important to your family. Review dates can also be included, recognising that children's needs change as they grow.
Throughout the process, the focus remains on the best interests of the children. The Family Law Act places children's wellbeing at the centre of parenting decisions and recognises the responsibilities parents have in supporting their children's ongoing care, development and safety.
Where parents are unable to reach agreement, the Family Court or Federal Circuit and Family Court of Australia may ultimately determine parenting arrangements by making Parenting Orders. Court proceedings can be lengthy, stressful and costly, which is why many families choose to explore Family Dispute Resolution first, giving them the opportunity to make decisions together rather than having decisions made for them.
Family Dispute Resolution is not appropriate for every family. Where there are concerns relating to family violence, safety, significant power imbalances or other issues affecting the suitability of mediation, each matter is carefully assessed on its individual circumstances before determining the most appropriate pathway.
Josephine would be pleased to work with you to develop a practical, child focused Parenting Plan that reflects your family's circumstances. Parenting Plans do not need to be prepared by legal representatives and, when parents are able to work together, they can provide a flexible and positive framework for the future.
Following are some helpful information links about the Parenting Plans.
Parenting After Separation - Legal Aid
Financial & Property Matters
The end of a relationship often involves more than making arrangements for children. It may also require important decisions about the division of property, financial resources, assets and liabilities that have been accumulated during the relationship.
Family Dispute Resolution provides a confidential and structured environment where these matters can be discussed respectfully, options explored and practical agreements negotiated. Many people find that working together in mediation allows them to maintain greater control over the outcome, rather than leaving important financial decisions to the Court.
To participate effectively in property and financial mediation, it is important that both parties provide full, frank and timely disclosure of their financial circumstances. This openness allows informed discussions to take place and helps ensure any agreements reached are based on accurate and complete information.
"Perhaps it is the mediation of show and tell, not hide and seek."
Senior Judicial Registrar McGrath, Family Court of Australia
Before making any final decisions, Josephine strongly encourages each party to obtain independent legal and financial advice. Understanding your legal rights, financial position and the implications of any proposed agreement allows you to make informed decisions that are fair, practical and appropriate for your individual circumstances.
Preparing for Property Mediation
Before your FDR mediation, you will usually be asked to gather relevant information about your financial circumstances. Depending on your situation, this may include details of real estate, bank accounts, superannuation, investments, businesses, motor vehicles, debts and other assets or liabilities. Having accurate information available helps the mediation process proceed more efficiently and productively.
Below is some further information about Finance and Property in the Family Dispute Resolution Process:
Finance and Property and Overview – Federal Circuit and Family Court of Australia
