Family Mediation

The length of the process depends on how many issues need to be resolved and how willing both parties are to negotiate. In many cases, a single session of 2–4 hours may be enough. More complex matters, especially those involving both parenting and property, may require multiple sessions. At Arora Legal, family mediation can typically be arranged within five business days, depending on availability.

Family mediation is generally faster, less expensive and more private than court proceedings. It also allows both parties to retain more control over the outcome, rather than leaving decisions in the hands of a judge. For many families, it provides a more cooperative and respectful way to move forward, especially where children are involved.

Agreements reached in mediation are not automatically legally binding. However, they can be made legally enforceable if documented properly. Parenting agreements can be formalised into parenting plans or consent orders, while property agreements can be converted into consent orders filed with the court.

Mediation is a voluntary process unless required by court protocols. While both parties need to agree to attend, there are some court-related situations, particularly around parenting matters, where attempting mediation in family law is required before filing an application.

Family mediation is a way for families to resolve conflicts or make decisions with the help of a neutral third person called a mediator.It’s often used during or after a separation or divorce.

Family mediation is a general term for helping families resolve issues like parenting, property, or communication with the help of a mediator.
Family dispute resolution is a type of family mediation that is required by law in Australia before going to court over parenting issues (like child custody or visitation) after a separation.

A family lawyer gives legal advice, represents clients in court or in a lawyer -assisted mediation, and helps with legal documents like divorce applications, parenting plans, or property settlements.

A family law mediator is a neutral third person who helps both sides talk and agree on issues like parenting arrangements or dividing property after a separation. They don’t give legal advice or take sides; they just guide the conversation.

The advantages of mediation include the cost-effective nature rather than going to court, it is faster, less stressful and most importantly, you stay in control.

The disadvantage of mediation includes the fact none of the decisions are legally binding unless they are subsequently turned into a court order.  It may not work for everyone - if one person won’t compromise you will need to seek a lawyer for advice.

Choose someone who has experience; someone you feel safe with and has a good success rate. A good mediator creates a calm space where both sides can speak honestly. Kind but fair. The mediator should treat both people equally and help manage tension if things get emotional or stressful. Accredited and trustworthy. Make sure they’re properly trained and qualified, especially for parenting matters. Its crucial you choose the right mediator. You can read more about how you can do that here.

During a family mediation, a neutral mediator guides the conversation and makes sure both people have a chance to speak and be heard which is useful for sorting out things like parenting time, money, or property without going to court. Mediation encourages both sides to work together and focus on what’s fair, especially for the children. By doing this, it can also reduce stress, save time and money, and help improve how people communicate going forward. This is especially helpful if they need to keep working together as parents.

Parenting mediation is a type of family mediation that helps separated parents make decisions about their children. It’s a safe space where both parents can talk about things like who the child lives with, when they see each parent, and how they will make important decisions together. The goal is to create a clear parenting plan that works for everyone, especially the kids. Parenting mediation is often quicker, less stressful, and more child-focused than going to court.

Child custody mediation is when parents who are separating or separated meet with a mediator to talk about who will take care of their child and how they will share parenting time. Important decisions like where the child will live, how often they will see each parent, and how to make choices about the child’s education, health, and wellbeing will be discussed. The goal is to help parents agree on a custody arrangement that is best for the child, without needing to go to court.

Property mediation is when separating couples seek help from a mediator to divide their money, belongings, and assets fairly. This includes things like the house, cars, savings, debts, and superannuation. The aim is to reach an agreement that feels fair to both sides, without having to go to court. The mediator will help the couple focus on practical solutions so they can move forward.

Child inclusive mediation is a type of family mediation that includes the child’s voice in the process. It’s used when parents are making decisions about parenting after separation. A specially trained child consultant talks with the child in a safe and age-appropriate way. The child doesn’t take part in the mediation session, but the consultant shares the child’s thoughts, feelings, and needs with the parents, without making the child choose sides. This helps parents understand how their decisions affect their child and encourages them to focus on what’s truly best for them.

Family mediation may be right for you if you want to solve family issues in a calm, private, and respectful way without going to court. It can help if you and the other person are willing to talk and try to reach an agreement, especially about things like parenting, money, or property after a separation. You don’t have to get along perfectly, but both people need to be open to working things out. You can read more about that here.

Mediation might not be suitable if there’s family violence, serious power imbalances, or if one person refuses to take part or be honest. In these cases, it's important to get legal advice or support first.

Inviting your ex-partner to mediation can feel hard, but it’s often the first step toward solving things peacefully. You can ask them directly, either by talking, calling, texting, or sending an email. Keep it calm and simple. For example:
"I’d like us to try mediation to sort things out fairly, especially for the kids. It could help us avoid court and reduce stress. Would you be open to it?"
If you don’t feel comfortable asking yourself, or they’re not responding well, you can contact a mediation service- like us. They can send an official invitation on your behalf, which is polite, neutral, and often more effective.

In most cases, yes, especially if you're sorting out parenting arrangements after separation. The law states you must try Family Dispute Resolution before going to court over parenting issues, unless there’s a good reason not to, like family violence, safety concerns, or urgent situations.

For property or financial issues, mediation is not always required, but it’s strongly encouraged because it can save time, money, and stress. Even if it’s not mandatory, attending mediation can show that you’re willing to work things out, which can help later if you do go to court.

For parenting matters, if you refuse to attend without a valid reason, you usually can’t apply to the Family Court. You need a certificate called a Section 60I certificate from a Family Dispute Resolution practitioner to show you tried mediation.

If you don’t attend, the other person may still get the certificate, and the court might see your refusal as uncooperative. The court can also make an order for costs against you for failing to attend.

For property or financial issues, mediation is not required by law, but refusing to attend can make it harder to reach an agreement. If the matter goes to court, your refusal could affect how the court views your willingness to resolve things fairly.

A Section 60I Certificate is an official document given by a Family Dispute Resolution practitioner. It shows that you have either, tried family mediation for parenting issues, could not go ahead with mediation for a valid reason (like family violence or refusal by the other party) or failed to attend for example. Overall, it helps the court understand what efforts were made to sort things out before starting legal action.

Yes, you can usually bring a support person to mediation, but it depends on the mediation service and what both parties agree to. A support person can be a friend, or family member. Their role is to offer emotional support, not to speak for you or interrupt the process. You should let the mediator know in advance if you want to bring someone. The other person in the mediation must also agree, and the mediator will decide if it’s appropriate.

In most cases, no you don’t need a lawyer to attend family mediation, but you can choose to have one if you feel more comfortable. Many people go to mediation on their own and get legal advice before or after the session instead. This can help you understand your rights and feel more confident during the process.

The cost of family mediation can vary depending on the type of mediation you need. Private mediators usually charge fixed fees. When selecting a mediator, don’t just base your decision on price alone.  Look at the mediators, skills, experience and success rate.

When parties appoint a mediator privately, each party pays for their share equally. Sometimes, one person may pay all or most of the cost.

If you attend mediation with a lawyer, you will need a half or full day mediation (depending on the issues to be resolved). If you attend without a lawyer, sometimes it can take longer.

Yes, the Federal Circuit and Family Court of Australia can order mediation before hearing some cases, especially those about parenting arrangements.

The court usually requires parents to try Family Dispute Resolution first to see if they can agree without going to court. If mediation doesn’t work or isn’t suitable (for example, because of family violence), the court may allow the case to proceed without mediation.

Court-ordered family mediation means the court tells separating families they must try mediation before the court will continue hearing their case. The court wants parents to work together and try to agree on things like custody and visits without a judge deciding. If this is the case, you must attend mediation either privately or by using the court’s mediation service.

To prepare for family law mediation, follow these simple steps:

1. Know what you want – Think about your goals and what’s most important to you, like parenting time or property.
2. Gather documents – Bring any important papers, such as financial records, bills, or parenting plans.
3. Stay calm and open – Be ready to listen and talk honestly, even if things feel emotional.
4. Get legal advice – Talk to a lawyer beforehand to understand your rights and options.
5. Write down questions or concerns – This helps you remember what to say during mediation.
6. Be prepared to compromise – Mediation is about finding fair solutions for everyone.

You can read more in our article “How to Prepare for your Family Mediation”.