According to the Family Relationships Online government initiative, mediation resolves disputes between people in conflict and is usually facilitated by a neutral person.
Separated families are encouraged to use family mediation to resolve disputes about children instead of going to court, which is a lengthy process.
Read on about what information is most important when preparing for family law mediation.
Family Mediation: What is It?
Mediation is referred to in a number of different ways. It can be informal, such as with a family member or a friend talking through the issues in dispute, or with a professional mediator.
These disputes involve the two people in conflict (or include extra family members), however, when child protection is concerned, a full family group may be involved.
What if things cannot be resolved through mediation? The matter may need a court or judge for a decision to be made, but this a longer, more expensive process, which mediation aims to avoid.
The family law system always encourages family members to come to their own arrangements in caring for their children without going to court, such as by:
- A friend or family member helping
- Having a discussion between the parents
- Using informal, general mediation
- Using a special family mediation process covered under the Family Law Act 1975 (Family Dispute Resolution)
If you need mediation/family dispute resolution for legal advice, there are things you need to bring with you.
Our family lawyers in Sydney, Melbourne, and Parramatta regularly guide clients through mediation preparation and can help you understand what applies to your situation.
What Documents Do You Require?
Bring a set of notes
You want to go into mediation with a plan. Attend prepared with:
- Dot points containing topics you’d like to cover
- Documents or financial information that relate to the discussion
- Questions you’d like to ask about the process (or possible outcomes)
- Points that you don’t want to forget
Financial statements
Your financial information should always be up to date.
- Your most recent tax returns
- Superannuation balances
- Bank statements
- Property values
- Liabilities or debts (mortgages, credit cards, personal loans)
- Investments (shares, insurance policies, inheritances, trusts, or super)
- Valuations of real estate assets (home, business, vehicles, artworks/antiques)
If your matter involves complex assets or superannuation splitting, our property settlement lawyers can help you understand what financial disclosure is required before mediation begins.
Documents related to children
- School documents, such as reports or extracurricular activities
- A formal or informal parenting agreement
- Reports on medical or educational needs
For parenting-specific document preparation, our child custody lawyers can advise on what supports your position most effectively.
Court documents
- An Apprehended Domestic Violence Order (ADVO)
- Consent ORders
- Child support documents
- Spousal maintenance documents
- Any other undertakings or legal instructions in place
Bring hard copies and digital copies to ensure everything is organised. You can prepare a summary sheet as well to quickly reference when needed.
Here is a confidential case outline document for dispute resolution. It is to be provided to the court via email or to a private mediator on a ‘without prejudice’ basis prior to dispute resolution.
If an agreement is reached with the assistance of an Family Dispute Resolution (FDR) practitioner, it can be recorded in a parenting plan or formalised through Consent Orders to make it legally binding. If no agreement is reached, the practitioner may issue a certificate allowing the matter to proceed.
Keep in mind that when you share your documents, although they are useful for the mediation process, providing a document to the other party means they can use it as evidence if your matter ends up in court. It is important to seek advice from a family lawyer before and during the mediation journey.
Why Do Family Dispute Resolution?
When a relationship has broken down, discussions about dividing property and future care for children is a very emotional situation. This is why a formal mediation process may be preferred with an accredited FDR practitioner.
Family Dispute Resolution helps separating families come to an agreement, with the main objective being to assist people to create a parenting plan which sets out agreed future parenting arrangements. It is a low-cost, practical way for families to sort things out with professional help. It is also compulsory to attempt FDR before applying to a family law court. That said, there are exemptions to this requirement:
- If family violence or child abuse is a factor
- When you finalise an agreement under Consent Orders
- You are responding to an application to the Court
- Urgent issues
- A person cannot participate due to their location or incapacity
- A person has contravened and shown a serious disregard for a court order made in the last 12 months
Why be prepared? You’re more likely to stay focused on longer-term outcomes, respond instead of react, reach agreements that reflect goals and values, and save a whole lot of time and money.
If family violence is a factor in your situation, our domestic violence legal team can advise whether an FDR exemption applies before you take any further steps.
O’Sullivan Legal Guides You
O’Sullivan Legal family lawyers help Melbourne, Sydney, Parramatta, and cases with dispute resolution.
Our family lawyers understand that court proceedings can be time-consuming, costly and emotionally draining, which is why we prioritise mediation and Family Dispute Resolution wherever it is appropriate to do so.
Following mediation, we can assist with obtaining section 60I certificates where required, and importantly, help you formalise any agreement reached. This may include documenting outcomes through a parenting plan, Consent Orders or a Binding Financial Agreement, so the arrangements are clear, enforceable and protect your future interests.
If mediation is unsuccessful or not suitable, our team provides clear advice on next steps and advocates for you confidently.
Is mediation right for you? Find out more by reading our article: Reasonable Grounds To Refuse Mediation in Australia.
Book a Consult for Family Lawyer Support
Whether your matter involves parenting arrangements, property disputes, or both, we guide you through public or private mediation options and help you prepare effectively for the process.
Where parenting issues are involved, we ensure you meet your obligation to make a genuine effort at FDR before commencing court proceedings, unless an exemption applies due to urgency, risk, family violence, or other recognised circumstances.
Contact us today! You can call (02) 8114 4511, email , visit us in person at our Sydney, Melbourne, or Parramatta offices, or submit an online enquiry. Our case manager will get back to you as soon as possible. We’re happy to speak to you over the phone or by email; what works best for you.
Ben O’Sullivan is an experienced family lawyer and the Director of O’Sullivan Legal. He holds a Master of Applied Family Law and is trained in collaborative law, with further postgraduate study underway in criminal practice.
Before founding O’Sullivan Legal, Ben worked at a leading specialist family law firm in Sydney, acting in complex property, parenting, and child protection matters. His background in commerce, finance and business ownership gives him a strong understanding of corporate structures, trusts and asset protection.
Ben is known for his clear, analytical approach and practical advocacy, supporting clients through emotionally complex family law matters with professionalism and care.
Frequently asked questions
Do I need a lawyer at family law mediation in Australia?
A lawyer isn’t legally required at mediation, but having one beforehand to review your documents and advise on your position significantly reduces the risk of agreeing to unfavourable terms you can’t easily reverse.
What happens if the other party refuses to attend mediation?
If the other party refuses without a valid reason, the FDR practitioner can issue a section 60I certificate. This allows you to proceed directly to court for parenting orders without further mediation attempts required.
Can mediation outcomes be made legally binding?
Yes. Agreements reached at mediation can be formalised through consent orders approved by the court, or through a binding financial agreement. Both create enforceable legal obligations that protect both parties going forward.
What if I’m concerned about safety at mediation?
If family violence is a factor, you may qualify for an FDR exemption. Separate sessions can also be arranged. Our domestic violence legal team can advise on the safest path forward for your circumstances.
How long does family mediation typically take in Australia?
A single mediation session usually runs 2 to 4 hours. Complex matters involving multiple issues may require several sessions. Early preparation with all relevant documents shortens the overall process considerably.
