'kon gres 2009 - LEADR's 10th international ADR conference

Making a genuine effort and achieving self-determination in family dispute resolution (FDR)

Party preparation as a means of understanding how to play the FDR “language game”

Audio recording: Listen to this session (63 mins) >>
[The recording misses the first 20 mins of the session.]

About the session

Most parties to a parenting dispute are now required to attempt FDR before they are able to file proceedings in a family court. Participants in FDR are required to make a “genuine effort”. “Genuine effort” is not defined in the Family Law Act, but the literature on the issue to date reflects a requirement that parties negotiate rationally and collaboratively with a child-focus.

This workshop explores the notion of rationality in FDR offering a way of conceptualising rationality in terms of language games. It also explores some of the specific characteristics of the FDR language game. Finally, it considers how preparing parties for family dispute resolution, by teaching them how to play the FDR language game, can significantly improve their capacity to make a genuine effort, and also to achieve party self-determination.

Podcast: Listen to Rachel talking about this session (9 mins) >>

Rachael moved to Brisbane in 1992 after completing her undergraduate studies at the ANU and has loved living there ever since. In 2008 she moved into an apartment in the city with her family to enjoy this view of the Brisbane River. When the River Festival fireworks are on in September you can almost reach out and touch them from the balcony! Rachael has two sons - Hugo and Oscar. "They're both black belts in karate - which is handy when you want to go late night shopping in the city on Fridays."

Rachel Field

rachel field Rachel is a senior lecturer in the Law School at Queensland University of Technology. She teaches non-adversarial legal practice and dispute resolution.

Rachel has researched and published in the areas of family law, dispute resolution, women and the law, and legal education and has been the President of Women’s Legal Service, Brisbane since 2004.

Her teaching philosophy focuses on using engaging and active teaching and learning techniques informed by Diana Laurillard’s concept of the conversational framework. These approaches will be used to ensure that the workshop is interactive and discursive.