Frequently Asked Questions


What is Family Mediation?

Family mediation is a confidential and voluntary process that helps separating couples or family members resolve disputes without going to court. An accredited Family Dispute Resolution Practitioner (FDRP) assists you to discuss issues such as parenting arrangements, property division and communication. Mediation is faster, more affordable and less stressful than court, making it one of the most effective dispute-resolution options.

Is Family Mediation Mandatory

For parenting matters, mediation (called Family Dispute Resolution or FDR) is usually required under the Family Law Act before parents can apply to the court for parenting orders. Exceptions apply in cases involving family violence, urgency or safety concerns.

What Is a Section 60I Certificate?

Genuine effort made:

A certificate is issued if both parties attended and made a genuine effort to resolve the dispute

  • One party refused:

    A certificate can be issued if one party refused to attend FDR. 

  • Not appropriate:

    A certificate can be issued if the practitioner assessed that FDR was not appropriate in the circumstances (e.g., due to safety concerns like family violence). 

  • One party did not make a genuine effort:

    A certificate can be issued if both attended but one party did not make a genuine effort to resolve the dispute. 

  • FDR was terminated:

    A certificate can be issued if the FDR began but was terminated because the practitioner decided it was not appropriate to continue

This certificate is required to file an application for parenting orders unless an exemption applies.

What Issues Can Be Resolved Through Family Mediation?

Family mediation can help resolve:

  • Parenting arrangements and shared care schedules

  • Property and financial settlements after separation

  • Spousal maintenance

  • Co-parenting communication plans

  • Child support (informal agreements)

  • Holiday, school and travel arrangements

  • Disputes between extended family members

How Much Does Mediation Cost?

Costs can vary depending on each family situation. It’s important to note that one mediation may not be enough to cover all the needs and requirements for your family. This is a transparent process and is discussed on a case by case basis.

  • Please refer to our Fees section for more information

How Long Does Family Mediation Take?

Most matters involve:

  • A pre-mediation intake session usually 30-60 minutes

  • A mediation session lasting 3 hours - 6 Hours. Ideally a 3 hour mediation is best as this can be a tiring and emotional process. If you would like to have a 6 hour mediation it would require an hour long break between sessions.

  • Some disputes are resolved in a single session, while more complex matters may require additional meetings.

Is Family Mediation Legally Binding?

Agreements reached in mediation are not automatically binding. However, they can be formalised into:

  • Parenting Plans (informal but persuasive in court)

  • Consent Orders lodged with the Family Court (legally binding)

  • Binding Financial Agreements prepared with legal advice

Mediators cannot give legal advice, but you may seek legal support at any stage.

Is Mediation Confidential?

Yes. Mediation is private and confidential. Discussions cannot be used in court, except in situations involving:

  • Risk of harm to a child or person

  • Abuse disclosures

  • Mandatory reporting obligations

What If We Don’t Reach an Agreement?

If mediation does not result in a resolution, you may:

  • Attend additional mediation sessions

  • Seek legal advice

  • Choose a legally assisted mediation - this is where your lawyers attend the mediation with you. Please be mindful you will have mediation costs and additional lawyer costs.However this can be a great choice for high conflict situations. Or situations that need a more immediate resolution.

  • Apply to court (with a 60I certificate)

Do I Need a Lawyer for Mediation?

A lawyer is not required to attend mediation, but legal advice before or after your session is recommended. Many people consult a lawyer to understand their rights and to formalise any agreements reached.

Is Family Mediation Suitable for Everyone?

During the intake assessment, the mediator evaluates:

  • Safety and risk factors

  • Family violence concerns

  • Power imbalances

  • Emotional readiness

If mediation is assessed as unsafe or unsuitable, it will not proceed.