Family Law Mediation — resolve it without court.

What is family law mediation?

Family law mediation is a confidential process led by a neutral, accredited mediator — a trained professional who is not a judge and not your lawyer. Their job is to help you and your former partner work through the issues that come with separation: where the children will live, how time will be shared, how property and superannuation will be divided, and any ongoing financial support. The mediator doesn't impose a decision. You design the outcome you can both live with.

It's recognised across the Australian system as the default path for separating families. Under the Family Law Act 1975, you must generally attempt family dispute resolution before applying to court for a parenting order — and the courts strongly expect genuine pre-action efforts on property matters too. The Attorney-General's Dept — Family Dispute Resolution sets the framework, and accredited mediators issue the Section 60I certificate the court requires.

Critically, mediation isn't a soft, talk-it-out exercise. It's a structured process with phases, ground rules, and a clear path to a written agreement — conducted by professionals who understand both the law and the human dynamics of separation.

When is mediation appropriate?

For the vast majority of separating couples, mediation is the right first step — even when conflict feels high. It works particularly well when:

• You both genuinely want to resolve things rather than fight
• There are children, and protecting the co-parenting relationship matters
• There are assets to divide and you'd rather they go to your family than to lawyers
• You want to keep your business private and out of public court records
• You want to move forward with your life sooner rather than later

Mediation may not be appropriate where there is family violence or a serious safety risk, where one party refuses to participate genuinely or to disclose financial information, or where urgent court orders are needed. We assess this honestly at the consultation — if mediation isn't the right path for you, we'll tell you. See family violence and family law →

How the process works

The process is more structured than people expect. Here's what actually happens:

1. Initial consultation — a free call to understand your situation, confirm mediation is appropriate, and outline how it would work for you.
2. Intake assessment — each party meets separately with the mediator to discuss the issues, identify any safety concerns, and prepare for the session.
3. Pre-session preparation — you gather the relevant information (financial disclosure, what you want for the children, any documents that matter) so the session is productive.
4. The mediation session — the substantive day. You work through the issues with the mediator's guidance — in the same room, or in separate rooms ("shuttle mediation") if that's preferable.
5. Heads of Agreement — the resolution is documented while it's fresh, so nothing is left to memory.
6. Formalisation — the agreement is made legally binding through consent orders or a binding financial agreement.

The session itself typically runs for half a day to a full day. Around 90% of family matters resolve in one or two sessions, with the rest needing a follow-up.

Issues we can resolve

Family law mediation covers the full range of matters that arise when a relationship ends:

• Parenting arrangements — where the children live, how time is shared, decision-making for major issues
• Property settlement — dividing assets, debts, the family home, vehicles, and investments
• Superannuation splitting — often one of the largest assets and most-overlooked in informal arrangements
• Spousal maintenance — financial support where one partner can't adequately support themselves
• Child support — private agreements that work alongside or instead of the standard formula
• Business and trust interests — sensitive financial matters resolved privately, not in public court records
• De facto separations — the same property rights as married couples, with the same need for fair resolution

What it costs

This is the question everyone asks, and the news is good. Private family mediation is dramatically cheaper than court — and the savings stay with your family.

Mediation vs court — typical costs

Path	Typical total cost	Time to resolution
Mediation (full process, shared)	$3,000–$4,500	1–2 sessions over weeks
Mediation + consent orders	$5,000–$7,500	Add 2–6 weeks for filing
Contested litigation (each party)	$50,000–$200,000+	1–3 years

Mediation costs are usually shared between the parties, so your share is roughly half the headline figure. Our initial consultation is free, so you'll know what you're committing to before you commit. See our fee structure →

Government-funded Family Relationship Centres offer mediation at free or low cost for parenting matters — valuable, but typically with longer wait times and more limited capacity for complex financial matters.

Mediation vs court

The comparison isn't really about which is "better" — they're tools for different situations. But for the vast majority of separating families, mediation is the smarter first move. Here's why:

• You stay in control of the outcome. In court, a judge decides. In mediation, you and your former partner decide.
• It's far cheaper. Often by a factor of 10–20x compared to a contested matter.
• It's faster. Weeks rather than years.
• It's private. Court files become public record; mediation is confidential.
• It protects co-parenting. Adversarial litigation damages the relationship you need to keep functioning for years to come.
• Outcomes hold better. Agreements people design themselves are more likely to be followed than orders imposed on them.

Court has a legitimate place — where there's family violence, urgent safety concerns, refusal to participate or disclose, or genuinely intractable legal questions. The point isn't to avoid court at all costs; it's to avoid unnecessary court. See the full comparison →

Making the agreement binding

An agreement reached in mediation isn't automatically legally binding — and this is the step many people overlook. To give the agreement the force of a court order (and to close off future claims), it needs to be formalised through one of two paths:

• Consent orders — filed with the Federal Circuit and Family Court, which reviews and approves the agreement, giving it the same status as if a judge had ordered it. The standard path for both parenting and property matters. See consent orders →
• Binding financial agreement (BFA) — a private contract between the parties, requiring independent legal advice for each party. Useful particularly for property and financial matters where parties want to avoid court involvement entirely. See financial agreements →

We handle the formalisation step as part of the mediation process — you don't reach an agreement and then have to find separate lawyers to make it stick. See which option suits you →

How to get started

The first step is a free initial consultation. We'll listen to your situation, explain how mediation would apply, give you an honest assessment of whether it's the right path, and — if you proceed — schedule the intake and mediation session. There's no obligation and no surprises. Many of the people we help are referred by their own family lawyers, who know what court costs in money and wellbeing.