The Evolution of Family Dispute Resolution and the Need for Online Family Dispute Resolution in Australia

Although dispute resolution has a long and rich documented history, the growth of out-of-court settlements and alternative dispute resolution (ADR) processes in Australia has been a recent development with family dispute resolution (FDR) services younger still. This chapter overviews the history of FDR in Australia to contextualise the development of online family dispute resolution (OFDR). As an extension to the already accessible Telephone Family Dispute Resolution service, OFDR offers the added value of multi-media engagement and innovative online tools to assist in easing the process of mediation for all stakeholders. From the introduction of the Family Law Act in Australia in 1975 to the 2006 Reforms, informal dispute processes are becoming recognised as fertile ground to deliver services via the use of advanced technologies. This chapter presents evidence as to the value of ADR in family law to mitigate issues concerning increased service demand, strained court resources, and the avoidance of emotionally taxing adversarial approaches. History shows a trend toward making services more efficient and effective, resulting in a natural progression to ODFR. Australia is currently at the forefront of OFDR advancement to accommodate their diverse and dispersed population.