MEDIATION
WE GET IT
Mediation can be a cost-effective way to come to an agreement.
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Award-Winning Compensation Law Firm
We have won several awards including APAC’s coveted Best Personal Injury Law Firm Australia 2025.
Proven Track Record
50+ Years of Combined Experience litigating Personal Injury Cases means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
No Win No Fee Guarantee
Our No Win No Fee guarantee includes all disbursements. Your payout will always significantly outweigh our legal fees.
Family relationship breakdowns can be highly emotional. Most of the time, separating couples find it difficult to agree on property settlement and parenting arrangements. While there is a Family Law system in place to help, it is highly recommended that where possible, you and your former partner should engage in family dispute resolution (FDR) before obtaining the assistance of the Court for your family law issues. The Court may make an exception in an emergency, for example, where a parent has refused to return a child after visitation or is attempting to leave the country with the child.
If you are in the process of separating, contact our team of friendly family lawyers for a free and confidential initial consultation.
What is mediation?
Mediation is a structured negotiation process in which a neutral third party, known as a mediator, assists the parties to a dispute to identify and assess options and negotiate an agreement to resolve their dispute. It is one of many alternative dispute resolution methods.
Unlike a court hearing, mediation is a quick and cost-effective method of resolving your family law matter. It allows you to voice your point of view and come to an arrangement that best suits both parties. Mediation can take place over several hours or days depending on the complexity of the matter and the willingness of the parties to engage in the process.
In Australia, the Family Law Act 1975 (Cth) requires parties to Family Law proceedings to make a reasonable attempt to mediate their family law dispute before applying to the Family Court for court orders. It is irrelevant if you were married or in a de facto relationship, you MUST attempt mediation. If you fail to complete mediation before applying to the Court, the Court has the discretion to refer you to mediation before it will hear your matter.
If family law mediation is unable to be completed, a mediator can issue you with a section 60I certificate. Mediation may not be able to be completed for the following reasons:
One of the parties didn’t attend
You both attended and made a genuine effort to resolve the dispute but couldn’t reach an agreement
You both attended but one of you did not make a genuine effort to reach an agreement
The mediator did not believe it was appropriate to conduct mediation
During the mediation process, the mediator determined it was no longer appropriate to continue mediation.
The results of mediation are not legally binding or enforceable, however, they can be formalised by making an application to the Court. If you require assistance to start the mediation process or formalising your agreement, contact our office for a free initial consultation.
Types of mediation
There are a number of ways mediation can be conducted:
Standard mediation
Mediation usually takes place between you and your former partner with the guidance of the mediator. It is an informal process where you can identify your issues and work together to resolve them in a mutually beneficial way.
Legally assisted mediation (LAM)
Mediation doesn’t usually involve lawyers being present. However, there are times when it may be appropriate for both parties to have their lawyer present during the mediation process. For example, where there is high conflict between the parties or complex issues need to be resolved. It is up to the mediator to decide whether legally assisted mediation is required.
Shuttle mediation
Mediation usually takes place face to face, however, there may be times where shuttle mediation is more appropriate. Shuttle mediation occurs when it is inappropriate for you to be in the same room as the other person. You will be in a separate room and the mediator will move between the rooms to conduct the mediation.
Case Study
Piotr and Sam separated after 10 years. They have two children aged eight and 10. They couldn’t agree on parenting arrangements or the division of property. Sam sought legal advice and initiated mediation. She disclosed that she was the victim of financial abuse and Piotr could be controlling.
The mediator conducted an assessment of the matter and decided that legally assisted mediation was the best course of action. The mediation took place over a couple of days and it became clear that they wouldn’t find a solution through mediation. The mediator issued a section 60I certificate and Sam began the court process to have the matter finalised.
Family Law Mediation process
Case Study
Michelle and Andre have two children aged three and five. They couldn’t agree on their parenting arrangements and both sought legal advice. They attended their local family dispute resolution service and participated in standard mediation. After a few hours, they were able to come to an agreement that suited both of them.
Due to the age of their children, they decided not to formalise their agreement with Consent Orders. The children are still young and they need to be flexible with their arrangements to accommodate their children’s growing social and educational development.
Disclaimer
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our family lawyers for legal advice tailored to your specific legal matter. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.
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FAQs
Frequently Asked Questions.
You can prepare for mediation by having an understanding of the process and your rights before you begin. You can do this by getting legal advice from a Family Law expert who will guide you through the process and may attend legally assisted mediation when appropriate. You should also identify the issues that need resolving and know what you want from the start. This will help you to identify what you are willing to accept and what you are willing to compromise on.
Each party is responsible for its own costs. If you attend dispute resolution within the Court (except for a Conciliation Conference), you will not be required to pay a fee.
If you attend a community organisation, you will be required to pay a fee, however, it will be cheaper than attending a private facility.
You should take copies of any documents that apply to your matter. For example, copies of current court orders, copies of AVOs, financial documents (for property settlement matters), copies of your children’s schedules (for parenting matters), etc.
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