Facilitated Resolution Process

Definition

A Facilitated Resolution Process is a Service type in which a Centre sets up and/or conducts (“facilitates”) activities such as a conference to assist opposing parties to resolve or narrow issues in dispute. A Facilitated Resolution Process is a form of alternative dispute resolution, which seeks to resolve disputes without going to court or tribunal.

A small number of Centres conduct the following types of Facilitated Resolution Processes:

• Family Dispute Resolution, sometimes called Lawyer­-Assisted Family Dispute Resolution, involving children or (less commonly) financial/property disputes – 3-4 Centres nationally are funded to undertake this work; 
• Mediation ordered by the Federal Court  or Local Court – Centres such as Law Right (Qld) and JusticeNet SA that receive funding for the Federal Court Self-Represented Service (SRS) organise mediation panels and/or conduct mediations, usually using pro bono mediators.

A Facilitated Resolution Process may be provided in person at any location, or by telephone or videoconference.

Facilitated Resolution Process v Dispute Resolution Service

A Facilitated Resolution Process is where a lawyer is in the role of mediating a dispute, rather than representing any of the parties to the dispute.

If the Centre is representing a party who is involved in a Facilitated Resolution Process, this is counted separately as a Dispute Resolution Representation Service and is not categorised as a Facilitated Resolution Process – see the case studies below.

How many Services? 

A Centre should count all Activity Types undertaken as part of one matter, as one Facilitated Resolution Process. For example, if a Centre conducts two screening processes (one for each party) and a conference for the same matter, this is counted as one Facilitated Resolution Process.

If a Facilitated Resolution Process is organised but not conducted, for example where a screening process is undertaken and it is determined that it is not appropriate for the Facilitated Resolution Process to be continued, it is still recorded as a Facilitated Resolution Process.

Recording in CLASS

When a Facilitated Resolution Process is selected as a service type in CLASS, Centres need to name a client against the service – however there are actually two parties for each Facilitated Resolution Process. 

CLCs Australia is reviewing Facilitated Resolution Process so that it accurately reflects the service type, allowing for the entry of the details of the two parties, and ensuring that both parties names come up during conflict checks in the future.

Centres are discouraged from creating two separate Facilitated Resolution Process Services with Party A as the client in the first Service and Party B as the client in the second Service, as the Centre is then double-counting the number of Services provided.   

Case studies and examples

Case Study – Malka and Juan Family Dispute Resolution

Ready Reckoner – When you do more than advice