Family Law Mediation in NSW
Mediation is a dispute resolution process where the parties are assisted by an independent third party to help them reach agreement. It is commonly required before starting Family Law proceedings, subject to recognised exceptions. Family Law Mediation is an effective tool to resolve issues without litigation and can also narrow what remains in dispute.
When is Mediation Required?
Before filing parenting applications, parties usually need a Family Dispute Resolution certificate. See the Federal Circuit and Family Court information on family dispute resolution and the Australian Government portal Family Relationships Online. There are exceptions in urgent or risk matters. Our team can advise on suitability and exemptions at Jameson Law.
Is Mediation Always Suitable?
Not all cases are suitable. Safety risks, urgency or entrenched non-participation can justify proceeding to court. If mediation is not appropriate, speak with us about next steps and court options. Start with our guide to NSW court procedures or contact us.
Types of Mediation
Mediation can be conducted in person, by shuttle, online or by telephone. Providers include private accredited mediators, Community Justice Centres and government funded services. See Community Justice Centres NSW and the Mediation Standards Board for practitioner information.
Confidentiality and Agreements
Mediation is confidential. What is discussed is generally not relied on in court unless both parties agree or a limited exception applies. The mediator will explain these exceptions at the start. Parties usually sign an agreement to mediate and a confidentiality agreement when engaging a private mediator. For parenting matters, agreements can be recorded as a parenting plan or proposed consent orders through the FCFCOA forms portal.
Costs and Access Options
Costs can be shared and are negotiable. Low or no-cost options may be available through approved organisations. Each party will usually complete an intake process. Useful resources include Legal Aid NSW family dispute resolution and Family Relationship Advice Line.
Court Organised and Legal Aid Mediation
If arranged during court proceedings, mediation may be conducted by a Judicial Registrar, with the parties attending alongside their lawyers. Where a Legal Aid grant exists, the conference is scheduled through Legal Aid and your solicitor provides the required documents to the conference coordinator.
Next Steps
Dispute resolution is a cost saving measure aimed at helping families reach agreed solutions. If you have been invited to a Family Law Mediation, contact Jameson Law to meet with an experienced practitioner about options, preparation and representation. Call (02) 8806 0866 for a confidential consultation in Sydney.
