Family Dispute Resolution in multicultural and multifaith Australia - What does it

mean for Australian Muslims?

Dr Ghena Krayem2, Associate Professor Susan Armstrong1
University of Western Sydney, Penrith, Australia, 2Sydney Law School, Sydney, Australia

This paper considers the post separation practices and needs of Australian Muslim families
and whether and how these might be reflected in mainstream family mediation or family
dispute resolution (FDR). Like other members of the Australian community, more Australian
Muslims are separating and divorcing than was the case for previous generations. Like
Muslims elsewhere, Australian Muslims are skillful legal navigators, and the processes they
engage in at this time are multi layered and for many purposes. Some will use religious
community dispute resolution processes to ensure that this important life transition reflects
their faith, community, cultural and family traditions and values. Others will also choose, or
become involved in, mainstream post-separation dispute resolution processes. The needs of
Muslim people involved in post separation disputes include understanding, respect, safety
and support, as well as an awareness of the particular needs of their children to develop their
cultural and religious identity. To what extent can or should mainstream family dispute
resolution be adapted to facilitate the achievement of outcomes that will support Muslim
families at this time?
We argue that established FDR practices should and could be adapted to better accommodate
the needs of Australian Muslims, as well as other cultural and religious groups, and in doing
so strengthening Australias multicultural society without the need for different laws or
processes for different groups. The paper will explore five principles that might inform good
practice in working with cultural and faith minorities in mediation, drawing on available
empirical evidence to illuminate the needs and experience of Australian Muslims. Good
practice with Muslim families (and with other cultural and faith minority families) is ethical
and relational; it prioritises the pre-mediation process; it responds dynamically to the cultural
and faith context of the parties during mediation; it acknowledges childrens right to develop
their cultural and religious identity; and it is sustained by communities of practice. The
presentation will seek to facilitate discussion and interaction with the audience in light of our
experiences in this area.