In this guide
Key takeaway: Mediation in family law is a structured, confidential process where a neutral mediator helps separating parties reach their own agreements about parenting and property — without a judge deciding for them. It is faster, cheaper, and less damaging than court. For parenting disputes, it is legally required before you can file proceedings. For most families, it is also simply the better path.
What mediation is — and isn't
Family law mediation is a structured negotiation process facilitated by a neutral third party — the mediator. Both parties in a separation or divorce attend together (after separate individual intake sessions) and work through the issues that need to be resolved: parenting arrangements, property division, spousal maintenance, and other matters arising from the end of the relationship.
What mediation is NOT:
- Not a court — the mediator has no power to impose an outcome or make orders
- Not counselling or therapy — the mediator is not helping the parties process the separation emotionally, though the process may have that effect
- Not legal advice — the mediator does not advise either party on their legal rights or what a court would decide
- Not arbitration — an arbitrator makes binding decisions; a mediator does not
The defining feature of mediation is party self-determination: the outcome is whatever the parties agree to, not what a third party imposes. No agreement is reached without both parties' consent.
Wondering if mediation is right for your situation? Book a free, no-obligation consultation with our team. We can explain the process and assess whether it suits your circumstances.
Free consultation — find out more →The mediator's role
A skilled mediator does several things that a party negotiating alone simply cannot do:
- Facilitates communication — creates conditions where each party can speak and be heard without interruption, threat, or dismissal
- Manages the process — keeps the discussion structured, redirects unproductive tangents, ensures both parties participate equally
- Identifies the real issues — helps parties separate the legal dispute from the emotional conflict, and identify what they genuinely need from the outcome
- Generates options — helps parties think beyond their opening positions to creative solutions neither had considered
- Reality-tests proposals — asks questions about whether proposed terms are practically workable, legally achievable, and durable
- Maintains impartiality — does not advocate for either party or allow the more assertive party to dominate
The mediator's neutrality is fundamental. A mediator who takes sides has failed at the core function of the role. Accredited family mediators are trained to maintain impartiality even in high-conflict situations and to manage parties who attempt to dominate or manipulate the process.
What family law mediation covers
Family law mediation can address the full range of issues that arise from separation:
| Category | Issues addressed |
|---|---|
| Parenting | Where children live, time with each parent, parental responsibility, school holidays, communication between parents, changeover arrangements |
| Property | Division of the family home, investment properties, superannuation, savings, investments, business interests, debts |
| Financial support | Spousal maintenance (if applicable), child support top-up arrangements |
| Practical arrangements | Who stays in the family home, management of joint debts during the separation period, sale of assets |
Not all matters are suitable for mediation. Where there is family violence or significant safety concerns, mediation may not be appropriate. Where assets are being hidden and court discovery powers are needed, mediation may need to follow disclosure rather than precede it. An experienced mediator will assess suitability at the intake stage.
How the mediation process works
At Mediations Australia, the process follows a clear structure:
- Step 1 — Contact and booking: You contact us by phone or online. We explain the process and take brief details about your situation.
- Step 2 — Individual intake sessions: Each party has a private, confidential session with the mediator before the joint session. This allows the mediator to understand each party's perspective, screen for suitability, and prepare for the joint session.
- Step 3 — Joint mediation session: Both parties attend together (in person or via video conference). The mediator facilitates discussion across the agreed issues. Sessions typically run 3–6 hours. Breaks and private sessions with the mediator are available.
- Step 4 — Agreement and documentation: If agreement is reached, the terms are documented in writing during the session. This written record forms the basis for formal legal documents.
- Step 5 — Formalisation: The agreed terms are converted to consent orders or a Binding Financial Agreement by lawyers — making them legally binding and enforceable.
FDR and the Section 60I certificate
For parenting disputes specifically, the relevant process is Family Dispute Resolution (FDR) — a specific statutory form of mediation required by section 60I of the Family Law Act 1975 before parenting proceedings can be filed in the FCFCOA. FDR must be conducted by an accredited Family Dispute Resolution Practitioner (FDRP).
At the conclusion of FDR, the FDRP issues a Section 60I certificate recording the outcome. There are five types of certificate — each reflecting a different FDR outcome. The certificate is filed with any subsequent parenting application. Without it (or without a claimed exemption), the court will not accept the application.
All FDR is a form of mediation, but not all mediation is FDR. For property matters, general mediation (not requiring FDRP accreditation) is appropriate. For parenting matters, FDRP accreditation is required to issue a valid Section 60I certificate. Mediations Australia's parenting practitioners hold FDRP accreditation.
What mediation costs
The cost of family law mediation varies based on the complexity of the matter and the number of sessions required. At Mediations Australia:
- Individual intake sessions are billed at a set hourly rate
- Joint sessions are typically charged at a total daily rate shared between the parties
- Most matters are resolved in one or two joint sessions
- Total cost is typically $3,000–$8,000 combined for a straightforward matter
Government-funded FDR services are available through Family Relationship Centres for parties who qualify — though these services typically have longer waiting times than private practitioners.
By comparison, a day of contested litigation typically costs each party $3,000–$8,000 in legal fees alone. A fully contested parenting and property matter can cost $100,000–$350,000 combined. The cost advantage of mediation is significant.
Ready to resolve your family law matter without the cost and damage of court? Book a free initial consultation with our team to find out how mediation can work for you.
Book a free consultation →How mediation compares to court
| Factor | Mediation | Court |
|---|---|---|
| Who decides | The parties | A judge |
| Typical cost (combined) | $3,000–$15,000 | $60,000–$350,000+ |
| Timeline | Weeks to months | 2–4 years (contested) |
| Confidentiality | Fully confidential | Public proceedings |
| Co-parenting impact | Generally preserves relationship | Generally damages relationship |
| Outcome certainty | Certain (if agreement reached) | Uncertain until judge rules |
| Legally binding | After formalisation as consent orders | Yes — court orders |
After mediation — making it binding
A mediated agreement is not automatically legally binding. The two mechanisms to make it enforceable are:
- Consent orders: You apply to the FCFCOA for the agreed terms to be made into court orders. The court reviews the application (without a hearing for most matters) and issues orders. Cost: filing fee of $170 plus approximately $1,500–$3,500 in legal fees for preparation. Consent orders are fully enforceable as court orders.
- Binding Financial Agreement (BFA): A contract signed by both parties with independent legal advice, enforceable without court approval. BFAs require both parties to have received independent legal advice from separate lawyers. They are sometimes used where the parties want more privacy or flexibility in drafting terms.
Skipping formalisation is a common and costly mistake. An informal agreement — even documented in writing — can be difficult to enforce if the other party later changes their mind. Consent orders provide full legal certainty.
Frequently asked questions
How long does family law mediation take?
Individual intake sessions are typically 60–90 minutes each. Joint mediation sessions run 3–6 hours. Most matters are resolved in one joint session; complex matters may require two. From initial contact to a documented agreement, the typical timeframe is 2–8 weeks. Add 4–8 weeks for consent orders, and most families have a binding, formalised outcome within 3–4 months.
Can I bring my lawyer to mediation?
Yes. Lawyers can attend mediation sessions as support persons or as legal advisers in the room, depending on the mediator's approach. Many people prefer to have their lawyer available for consultation between sessions rather than present throughout — this keeps the session less formal and less expensive while still ensuring legal advice is accessible.
What happens if we can't reach agreement?
If mediation does not produce a full agreement, the mediator issues a Section 60I certificate (for parenting matters) or a written summary of what was and was not agreed (for property matters). This allows the parties to proceed to court for unresolved issues. Partial agreement is documented and preserved — parties do not lose the ground they have already covered.
Is mediation suitable if my ex is difficult or refuses to engage genuinely?
The mediator's role includes managing difficult dynamics and ensuring the process is not dominated by one party. If one party consistently refuses to engage genuinely, the mediator will issue a Type 4 Section 60I certificate (for parenting FDR) — which the other party can use when filing in court. A party's refusal to engage in good faith is a matter the court can take into account.
Related guides
- family mediation process guide
- consent orders
- property settlement in family law
- parenting mediation
- cost of divorce in Australia
The FDR framework is in the Family Law Act 1975 (Part II, Division 2). For government-funded FDR services: Attorney-General's Department.