Terms and Conditions

1.0 Introduction

1.1 These are the Terms and Conditions that govern the delivery of family dispute resolution services by The FDR Centre.

2.0 Meaning of words

2.1 Unless the context requires otherwise, in these Terms and Conditions
  1. family dispute means a dispute of a kind that, if a party to the dispute wants a court to resolve it, will require an application for:
    1. a direction under section 46R (Disputes between guardians) of the Care of Children Act 2004; or
    2. a parenting order under section 48 (Parenting orders) of the Care of Children Act 2004.
  2. family dispute resolution (FDR) means family dispute resolution provided by an FDR provider for the purposes of:
    1. assisting parties to a family dispute to resolve the dispute without having to pursue court proceedings; and
    2. ensuring that the parties’ first and paramount consideration in reaching a resolution is the welfare and best interests of all children involved in the dispute.
  3. family dispute resolution (FDR) servicesmeans each and all of FDR assessment, preparation for mediation, development consultation, mediation, and Voice of the Child services.
  4. FDR assessment means an initial assessment to decide whether FDR is suitable for intending FDR parties.
  5. The FDR Centre (FDRC) means New Zealand Family Dispute Resolution Centre Limited (New Zealand company number 4730579).
  6. FDR provider means a person who is appointed as a family dispute resolution provider under section 9 of the Family Dispute Resolution Act 2013.
  7. FDR mediation (mediation) means mediation administered under these Terms and Conditions.
  8. FDR Service Fee means the amounts charged by the FDR Centre for FDR mediation and related services in the amounts and on the terms set out in The FDR Centre’s offer for services.
  9. joint mediation session means a meeting with the mediator where all parties are present.
  10. mediator means the person (an FDR provider) appointed by the FDR Centre to undertake a mediation.
  11. Outcome Form means an Outcomes of Family Dispute Resolution Form (also known as a section 12 (S12) Form or sometimes an S12 Exemption Certificate, as the Outcome Form complies with section 12 of the Family Dispute Resolution Act 2013).
  12. party means a participant in the mediation process (for example, a father, mother, grandparent, or guardian).
  13. Voice of the Child Services (VoC) (also known as Child Inclusive Mediation Services) means a child-focused, child-inclusive mediation process that allows the child or children to tell their story in their own age-appropriate way during mediation if they wish to do so, and may include a child development consultation where the child is a baby or an infant. Voice of the Child or Child Inclusion has a corresponding meaning.
  14. we, our, us means The FDR Centre.
2.2 Unless the context requires otherwise, in these Terms and Conditions, words in the singular include the plural and words in the plural include the singular.

3.0 Deciding if family dispute resolution (FDR Mediation) is appropriate

3.1 Before FDR mediation can begin, one of our FDR providers must assess whether it is appropriate to start FDR mediation for your family dispute (FDR assessment). In deciding whether FDR mediation is appropriate, they will consider the requirements of section 12 of the Family Dispute Resolution Act 2013. For example, they might decide that it is inappropriate to start FDR mediation because:
  1. one of the parties is unable or unwilling to participate effectively in the mediation;
  2. one of the parties, or a child on one of the parties, has been subject to family violence by one of the other parties to the dispute; or
  3. there might be another situation that exists that gives them reasonable grounds for deciding that FDR mediation is inappropriate for the parties to the family dispute.
3.2 If they decide it is appropriate to start FDR mediation, you may access any of our FDR mediation services.
3.3 If they decide it is inappropriate to start FDR mediation, they will give you an Outcome Form stating that FDR is inappropriate for the family dispute, and the FDR process will end. You may then proceed to the Family Court and apply for a Parenting Order.
3.4 An FDR provider’s decision that FDR mediation is inappropriate is final and not subject to appeal or review by The FDR Centre, any court, or any other judicial authority.

4.0 Initiating FDR assessment

4.1 Intending FDR parties must pay a deposit in the amount of $150.00, including GST. 4.2 If FDR mediation is considered appropriate for your family dispute, the deposit will be credited against the costs of any future package of FDR services that the parties choose from The FDR Centre. 4.3 If FDR mediation is considered inappropriate for your family dispute, the deposit will be applied to issuing an Outcome Form so that the parties may proceed to the Family Court and apply for a Parenting Order.

5.0 Record of FDR assessment

5.1 The Outcome Form is the only record of the FDR Assessment that The FDR Centre must give the parties.

6.0 Agreement to mediate

6.1 Before FDR mediation can begin, all intending parties must confirm that they have read, understood, and agree to be bound by these Terms and Conditions (agreement to mediate) and pay the FDR Service Fee. Any person can pay the FDR Service Fee.

7.0 Appointment of a mediator

7.1 The FDR Centre will appoint a mediator once the parties have confirmed their agreement to mediate and paid the FDR Service Fee.
7.2 The FDR Centre will, at its sole discretion, appoint a mediator (and, if needed, a replacement) subject to their availability and independence.
7.3 The mediator must be an independent, suitable and impartial individual. They must not be an advisor or advocate for any party to the dispute. They must remain impartial and neutral, and while the parties may have candid discussions with them, they will not give advice or make any decisions for the parties.
7.4 The mediator has a continuing duty to immediately disclose to the parties and The FDR Centre any circumstances arising which may be likely to give rise to justifiable doubts about their suitability, impartiality or independence in the eyes of any of the parties. This duty starts at the time of the mediator’s appointment and continues until the FDR mediation ends.
7.5 If you have justifiable doubts about the appointed mediator’s impartiality or independence, you should let us know as soon as possible – even if the FDR mediation has started. However, the decision about who to appoint as the mediator is our decision. You cannot appeal this decision to any court or any other judicial authority.

8.0 Party obligations

8.1 You must cooperate in good faith with your mediator and every other party to attempt to resolve your family dispute.
8.2 You must comply without delay with your mediator’s reasonable requests to attend private or joint FDR mediation sessions or to provide information. If you do not comply with such requests, or you disrupt or delay the FDR mediation or interfere with the integrity of the FDR mediation, the mediator may decide that FDR mediation is no longer appropriate, and the FDR process will end. The mediator will give you an Outcome Form stating that it is inappropriate to continue FDR mediation for the family dispute, and you may then proceed to the Family Court and apply for a Parenting Order.

9.0 Child development consultation

9.1 Child development consultations are integral to the Basic and Standard FDR Mediation Packages provided by The FDR Centre.
9.2 Before mediation, a child specialist will contact each party to provide tailored and objective information based on your child’s age and their social and emotional developmental stage to assist you in understanding their needs, how they may be coping with the separation, and how to assist and support them. At the request of the parties or the mediator, the child specialist may also attend mediation.
9.3 The parties may request child development consultations at any other time or as part of any other FDR Mediation Packages or FDR services provided by the FDR Centre.

10.0 Representatives, support persons and other non-parties

10.1 A Representative is someone who represents you (whether legally qualified or not). They can participate in the FDR mediation and can speak on your behalf.
10.2 A Support Person is someone who can give you reassurance and emotional support ie, a friend or family member. Subject to obtaining the prior approval of the mediator, they can attend a joint FDR mediation session, but they cannot participate in it (ie, they cannot speak on your behalf).
10.3 If you want to involve a Representative, Support Person or any other non-party in the FDR mediation process (for example, a translator or interpreter), you must get that person to sign the Confidentiality Agreement (see Appendix 1) before they can participate. They cannot attend any FDR mediation session if they do not sign the Confidentiality Agreement.
10.4 If you wish to have a Representative or a Support Person attend a joint FDR mediation session, you must tell your mediator at least three working days before the session. A working day is a day other than Saturday, Sunday, or a public holiday. You must tell your mediator the name of the person you want to attend and give your mediator any other details they require (for example, the person’s role, relationship to the parties and their contact details).

11.0 What your mediator can do during mediation

11.1 Your mediator can conduct the FDR mediation in any manner they think fit, having regard to the purpose of FDR mediation. They will have regard for your circumstances when arranging dates and times for FDR mediation sessions. They can decide whether to speak with you separately (privately) or in joint mediation sessions with the other parties.
11.2 The mediator may conduct some or all FDR mediation sessions in person, by phone, video conference or any other communication technology that the mediator considers appropriate in the circumstances. There must not be any audio or video recording of the mediation or any part of it, made by any participant.
11.3 For joint mediation sessions:
  1. Your mediator will advise the other parties if you intend to have a Representative or a Support Person attend.
  2. Your mediator can decide (in their sole discretion) not to allow a Representative or Support Person to attend or limit the number of Representatives or Support Persons attending if they think attendance could unduly and/or unfairly delay or disrupt the mediation or bring into question the integrity of the mediation process.
11.4 Your mediator will help identify and explore any issues or concerns and assist the parties to reach an agreement that best serves the welfare and best interests of all children involved. They cannot give legal advice, and they cannot make any decisions for you.

12.0 Mediation that ends in agreement

12.1 If you and the other party reach an agreement in respect of some or all of the care and contact or guardianship issues in dispute, your mediator will assist you to prepare a written document to record the terms of that agreement (Parenting Agreement). The Parenting Agreement must be signed by all parties.
12.2 Your mediator will also give you an Outcome Form, and the FDR mediation process will end.
12.3 The parties must comply with any Parenting Agreement in good faith, and in a timely manner.

13.0 Disputes taking an unreasonable time to resolve

13.1 Your mediator can end the FDR mediation if they consider that your dispute is taking an unreasonable length of time to resolve. If your mediator ends the FDR mediation for this reason, they will give the parties an Outcome Form, and the FDR mediation process will end. The Outcome Form will state the matters on which the parties reached, and did not reach resolution during the FDR mediation and, if court proceedings are commenced, whether, in the opinion of the mediator:
  1. settlement conference woold be likely to facilitate settlement of the matters on which the parties did not reach resolution; and/or
  2. at least one of the parties would need legal representation to participate effectively in the settlement conference.

14.0 Paying for mediation

14.1 The FDR Centre provides FDR mediation and related services on a fee-for-service basis. The costs and expenses for FDR mediation and related services (FDR Service Fee) are in the amounts and on the terms set out in The FDR Centre’s offer for services.
14.2 Any party may pay the FDR Service Fee. Regardless of any agreement by the parties to share the costs of the FDR services, the parties are jointly and severally liable to pay the FDR Service Fee at such times and in such amounts as may be fixed by The FDR Centre, as well as any costs and expenses incurred by The FDR Centre in recovering any overdue money, on a full indemnity basis.

15.0 Record of FDR mediation

15.1 The Outcome Form is the only record of the FDR mediation that the mediator or the FDR Centre must give the Parties.
15.2 The parties cannot ask for any other documents or records, no matter what the purpose or what they relate to. For example, the mediator and any VoC practitioner or child inclusion specialist involved in the FDR mediation do not have to keep notes and cannot be asked to provide such notes or records. The only exception to this rule is if the FDR mediation process has resulted in a written Parenting Agreement. The parties can ask for a copy of that agreement.
15.3 The FDR Centre may collect information relating to FDR mediation for statistical or research purposes and may publish that information. The FDR Centre must not publish the information in a form that could reasonably be expected to identify any particular person, party or mediator.

16.0 Mediation is private and confidential

16.1 The mediator must conduct the FDR mediation in private.
16.2 The Parties are encouraged to communicate freely and frankly to resolve the dispute and to propose creative solutions and/or make offers of compromise.
16.3 The mediation will be held without prejudice to any other legal rights or remedies available to the parties.
16.4 Any person who is not a party to the dispute (non-party) must preserve the confidentiality of all non-public materials and information that relate to the mediation. All non-parties must sign a Confidentiality Agreement in the form set out at Appendix 1 of these Terms and Conditions and provide a copy to the mediator as a condition of their attendance at FDR mediation.
16.5 The parties must not use statements or admissions made during FDR mediation or other information supplied to the mediation by any other party in any subsequent court proceedings, unless required by law.

17.0 Exclusion of liability and indemnity

17.1 The purpose of these provisions is to give the mediator and The FDR Centre (including its agents and employees) the widest immunity from liability that the law will allow. Any reference to The FDR Centre in these Terms and Conditions includes a reference to the agents and employees of The FDR Centre.
17.2 The mediator and The FDR Centre are not liable for any act done or not done in relation to the FDR services or these Terms and Conditions. The parties release the mediator and The FDR Centre from all liability of any kind (including negligence, misrepresentation, breach of contract or breach of duty of any kind, including fiduciary or equitable). This release does not apply to the extent that the mediator or The FDR Centre has acted fraudulently.
17.3 If a claim is brought against the mediator or The FDR Centre despite clause 16.2, the parties (jointly and severally) indemnify the mediator and The FDR Centre in respect of that claim.
17.4 Words of the mediator or The FDR Centre (for example, written statements or oral comments) cannot be used in any action for defamation, libel, slander, or any similar complaint.
17.5 The mediator’s and The FDR Centre’s obligations under these Terms and Conditions end after The FDR mediation has ended, except for their ongoing obligations to keep confidential information confidential. After that, the mediator and The FDR Centre have no obligation to make any statement about the FDR mediation, and no party can ask the mediator or The FDR Centre to explain why an Outcome Notice was issued or give evidence in legal proceedings arising in relation to the family dispute or the FDR mediation.

Appendix 1: Confidentiality agreement for non-parties

I understand that by being involved in or privy to FDR mediation, I am not to disclose confidential information related to the mediation.
Confidential information means all non-public materials and information that relate to the mediation or to any Parenting Agreement and includes:
  1. all statements, admissions, or other information supplied to the mediation by a party;
  2. any comments or notes made by the mediator;
  3. any document otherwise related, created, or made for the purpose of the mediation;
  4. all matters disclosed orally in the course of the mediation;
  5. all non-public materials and information provided for the mediation by a party, including documents used or generated for the purpose by a Representative or advisor to a party in the mediation; and
  6. the terms of any Parenting Agreement.
(Confidential Information)
I agree not to disclose any Confidential Information obtained in relation to the mediation, subject only to the following exclusions:
  1. where disclosure is required to protect the safety of any person from being endangered;
  2. to respond to a legitimate subpoena, governmental request for information, or other compulsory process; or
  3. to comply with an order of a court of competent jurisdiction;
provided always that such publication, disclosure, or communication is no more than what is reasonably required for those purposes.
I understand that I owe all parties, The FDR Centre, the mediator, and any other non-parties involved in the mediation a duty of confidence and that failure to comply with this duty may result in legal consequences.
Signature:
Name:
Position:
Date: