Mediation

Family Law Mediation 

Where possible, and if it's safe to do so, the Courts will encourage people to attempt a resolution of their family law issues by mediation.

Mediation can be an effective alternative dispute resolution tool and where appropriate, the Court will require parties to attend mediation as part of the litigation process. 

We offer first appointments with an experienced family lawyer, for a low fixed fee of $330 (inc gst).

If you need to discuss Mediation:

• what it is
• how it might benefit your situation
• how to prepare for it

We would be glad to help.

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What is Mediation?

Court Mediation is essentially a meeting where people involved in a dispute are assisted by an independent third party - a mediator - to help resolve their dispute. In family law disputes, a court appointed mediator works with the parties, assisting them to reach agreement after separation or divorce. This may include negotiating a parenting plan, consent orders, or a family law property settlement. 

Private Mediation works the same way. The parties will agree on a mediator and each pay half of the mediator's fee.

People often ask if a lawyer can attend mediation with them. It is entirely appropriate for lawyers to attend all mediation with clients.

Mediation or Conciliation Conferences - There are times when our lawyers will recommend arranging a conciliation conference or a mediation as they think it likely agreement may be reached in this setting. If a settlement is reached it will avoid a court hearing and save substantial costs.

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Why do I need a Mediator?

A Family Law Mediator is trained and experienced in assisting people who have separated, to arrive at sensible solutions that work for their future. They act as a bridge to help work through communication difficulties that may have prevented people from reaching an agreement on their own. They are also positioned to speak candidly to both parties about what a Judge would likely decide if agreement is not reached. 

What Qualifications does a Mediator have?

A Family Law Mediator should be qualified as a member of the Nationally Accredited Mediators or Registered Family Dispute Resolution Practitioners. Family Law Mediators must have a University Degree in Law, Psychology or Social Work, complete an approved course, and undergo a period of supervision and continuing professional education. 

Can the Mediator give legal advice?

Whilst the Family Law Mediator might be a qualified family lawyer, in order to be completely neutral and fair, they cannot give parties legal advice. However, if there are sticking points at the mediation, the mediator is allowed to give their view and point out what they think a Judge may decide on the issue.

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Is Family Mediation Compulsory?

While mediation is a voluntary process, and you cannot be forced to attend, the Family Law Act requires that mediation occurs before you can make a parenting application to the Family Court for parenting orders. (There are exceptions to this, for example, if it is unsafe for someone to attend mediation.)

Family mediation can be an excellent way to resolve parenting issues and minimise the impact of divorce on your children. 

Mediation offers many other benefits over a Court Hearing by a Judge, including:

• Time: a dispute can be resolved more quickly through mediation than by having a Court Hearing. There are long wait times for Court Hearing dates.
• Cost: if a dispute can be resolved through mediation, the costs of preparing and running a Court Hearing can be avoided. 
• Flexibility: mediation offers parties more control over the outcome. A mediation process which is customised to your needs can be arranged with the mediator.
• Stress: mediation is less formal and less intimidating than appearing in Court.
• Confidentiality: mediation is private. If the mediation doesn't resolve issues and the matter goes to a Court Hearing, the judge is not informed about what was discussed at the mediation. Any discussions at the mediation cannot be used against a party if the matter goes to Court. 
• Satisfaction: because the parties (rather than a Judge) decide and agree on the outcome of their issues, they are more likely to be satisfied with the result and to comply with what has been agreed.
• Finality: settlement agreements can usually only be modified with the agreement of all parties.

Do I have to attend Family Mediation?

There are some exceptions to compulsory family dispute resolution, such as when there are issues of domestic violence or abuse and it is unsafe for one of the parties to attend. If you are worried about your safety attending family mediation, or you are uncertain about whether an exemption from compulsory family dispute resolution applies to you, we recommend discussing your situation with an experienced family lawyer. 

Do I need a family lawyer to represent me at Mediation?

The court recommends you obtain legal advice as to the options available to you and which options will best meet your needs. 

Our experienced family lawyers regularly attend mediation with clients. They have decades of experience and give excellent advice and guidance about parenting, family law property and financial settlements. 

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Fees and Prices

We are transparent about fees. We give quotes and estimates and discuss fees every step of the way so you have all the financial information you need to make the best decisions possible about your settlement.

First Appointments are a low fixed fee of $330. Please visit our Fees and Prices page for more information.

Fees and Prices

Client Library - FAQs

We have many free resources on our website and we regularly update our online client library with useful information. For answers to frequently asked questions about separation and divorce, feel free to have a look at our family law resources page.

Family Law FAQs and Free Resources