undertake conflict of interest checks prior to the provision of advice and/or assistance assist clients to develop realistic expectations about FDR and outcomes, particularly where clients are focused on court/legal processes to enforce perceived legal entitlements advise clients of the risks and costs involved in court processes assist clients to identify areas of agreement, potential agreement and disagreement work with the FRC staff (including FDR practitioners) to meet the clients’ needs in an appropriate and timely way as may be agreed between the legal practitioner and their client, assist the client to draw up documents (such as consent orders), and ensure that any information obtained during the FDR process is not misused in any subsequent litigation When supporting their clients in an FDR process conducted at an FRC, legal professionals agree to work collaboratively with FRC staff and FDR practitioners in a nonadversarial process to negotiate a fair resolution without litigation, where possible and appropriate. In doing this, lawyers agree to work with FDR practitioners to ensure and maintain the integrity of the FDR process including the requirements of honesty, disclosure and genuine effort. Role of Family Dispute Resolution Practitioners The need for legal assistance in the FDR process should be considered on a casebycase basis by the FDR practitioner. A screening and assessment will be conducted to identify including physical and/or emotional violence, ‘risk’ factors financial abuse, substance/alcohol misuse, the needs and capacity of a client, cultural issues and the appropriateness of participation in FDR. The assessment will also consider the need for legal assistance. If the need for legal assistance is identified, the client will be directly referred for legal advice, or if legal participation in FDR is recommended, liaison with the legal practitioner/s should commence to establish the parameters of their participation. This should be regularly reviewed throughout the involvement with the FRC. client’s Where screening and assessment has identified that a legally assisted FDR is not appropriate, the FDR practitioner is responsible for making the final decision on how, or if, the FDR process will take place at the FRC. Where one client is eligible for assistance through a Legal Aid Commission and wishes to undertake FDR, the clients should be referred to the Commission in the first instance. Commissions and FRCs should work together to ascertain how best those referrals should take place. It is preferable that all participants are legally supported during FDR processes in FRC premises. However, it may be possible to proceed where only one client has
undertake conflict of interest checks prior to the provision of advice and/or assistance assist clients to develop realistic expectations about FDR and outcomes, particularly where clients are focused on court/legal processes to enforce perceived legal entitlements advise clients of the risks and costs involved in court processes assist clients to identify areas of agreement, potential agreement and disagreement work with the FRC staff (including FDR practitioners) to meet the clients’ needs in an appropriate and timely way as may be agreed between the legal practitioner and their client, assist the client to draw up documents (such as consent orders), and ensure that any information obtained during the FDR process is not misused in any subsequent litigation When supporting their clients in an FDR process conducted at an FRC, legal professionals agree to work collaboratively with FRC staff and FDR practitioners in a nonadversarial process to negotiate a fair resolution without litigation, where possible and appropriate. In doing this, lawyers agree to work with FDR practitioners to ensure and maintain the integrity of the FDR process including the requirements of honesty, disclosure and genuine effort. Role of Family Dispute Resolution Practitioners The need for legal assistance in the FDR process should be considered on a casebycase basis by the FDR practitioner. A screening and assessment will be conducted to identify ‘risk’ factors including physical and/or emotional violence, financial abuse, substance/alcohol misuse, the needs and capacity of a client, cultural issues and the appropriateness of participation in FDR. The assessment will also consider the need for legal assistance. If the need for legal assistance is identified, the client will be directly referred for legal advice, or if legal participation in FDR is recommended, liaison with the legal practitioner/s should commence to establish the parameters of their participation. This should be regularly reviewed throughout the client’s involvement with the FRC. Where screening and assessment has identified that a legally assisted FDR is not appropriate, the FDR practitioner is responsible for making the final decision on how, or if, the FDR process will take place at the FRC. Where one client is eligible for assistance through a Legal Aid Commission and wishes to undertake FDR, the clients should be referred to the Commission in the first instance. Commissions and FRCs should work together to ascertain how best those referrals should take place. It is preferable that all participants are legally supported during FDR processes in FRC premises. However, it may be possible to proceed where only one client has