Family Mediation
Discuss, Negotiate, Resolve: Why Family Mediation Works
There’s a lot at stake in a family dispute, especially when it involves your children. The speed of resolution matters – you want to see your kids today, not months down the track. You want to reach a fair property settlement, move on and avoid a costly court battle.
This is where mediation works.
What is Family Law Mediation?
Mediation in family law is a popular way of resolving child custody arrangements and family law property disputes after a relationship breakdown – without going to court. It’s affordable, quick and confidential. More importantly, it allows you to make decisions that affect you and your family, not a judge.
In family mediation, a trained Mediator will assist you and your ex-partner to communicate with each other about the issues that need resolution. The Mediator is impartial and will not provide legal advice to you or to your ex-partner but helps you explore options for settlement and negotiate toward an agreement.
If you are attending mediation without a lawyer, unlike many other family mediation services in Brisbane, we can provide you with family law legal information. Our experience shows that having access to this information during mediation helps both parties better understand their options and increases the likelihood of reaching an agreement.
When Is Family Mediation Right For You?
Family mediation services are often the best option when:
- You want to resolve parenting or property matters quickly and privately
- You and your ex-partner are willing to engage in a structured discussion
- You’re aiming for a child-focused outcome
- You want to avoid or minimise court involvement
- You need a flexible process that accommodates your schedule
If you’re in Brisbane or anywhere in Australia, family mediation through Arora Legal offers a supportive and outcome-focused approach. Many families who choose mediation family law services find resolution faster, with far less stress and cost than litigation.
Is Family Mediation Compulsory?
Yes. If you want to commence family law proceedings for Parenting Orders in the family court, you must first make a genuine effort to reach an agreement and attend a family mediation service, unless exceptions apply.
Exceptions may apply where there has been, or there is a risk of, domestic violence, family violence, or child abuse. This does not necessarily prevent you from attending mediation if you wish to proceed, provided that appropriate safety measures are in place.
In such situations, you have two options with us:
- We act as your Family Mediator: We facilitate the mediation process impartially, helping both parties communicate and reach agreement using video conferencing, so you do not come into direct contact with the other party. You may also wish to attend with your lawyer to support you.
- We act as your Lawyer in a Lawyer-Assisted Mediation: Instead of acting as your Mediator we can represent you as your family lawyer during mediation conducted by another mediator, ensuring you have legal advice and support throughout the process.
This flexibility allows you to choose the safest and most effective approach for your circumstances.
How our Family Mediators in Brisbane Can Help
With our affordable fixed fee family mediation packages, we help families move forward with clarity, not conflict. Our structured Brisbane family mediation process delivers real results-backed by an 85% success rate.
Our Principal Lawyer Ashma Arora is a Nationally Accredited Mediator and Family Dispute Resolution Practitioner authorised by the Attorney Generals Department to issue S60I Certificates for parenting matters.
By appointing us as your Family Mediator, and by using our family mediation service in Brisbane, we can help you:
- Identify your goals and identify issues that require resolution.
- Generate options, negotiate, reality test those options to enable you to reach a sustainable child focused or property settlement.
- Take part in intake sessions and mediations conducted via Zoom conferencing, offering ease and flexibility.
- Issue S60I Certificates where agreement has not been reached.
- Benefit from our considerable experience conducting family mediations.
- Benefit from guaranteed mediations within 5 days, subject to parties’ availability.
- Document your agreement so that you can have a parenting plan or consent order.
How to Get Started with Our Family Mediation Service
Step 1 – Free 15-Minute Consultation
Schedule a complimentary, no-obligation chat with our Principal Lawyer, Accredited Mediator, and Family Dispute Resolution Practitioner. In this call, we’ll listen to your situation, explain the mediation process, and help you decide if mediation is the right path forward for you and your family. To find out how we can help you, BOOK your free 15-minute consultation.
Step 2 – Intake Sessions or Pre Mediation Assessment
Each party will complete a confidential intake session, conducted conveniently via phone or by online video call. This is your opportunity to share your concerns privately, outline your goals, and ask questions before the mediation session.
Step 3 – Family Mediation Session
We’ll schedule your mediation at a time that suits everyone- typically within 5 business days (subject to availability). In this session, we’ll guide both parties through structured discussions to help you negotiate, reality-test options, and work toward a practical, child-focused or property settlement agreement.
Step 4 – Document Your Agreement
If you are not legally represented at the mediation, we will provide you with heads of agreement which you can use to draft your consent orders and file with the family court.
Step 5 – Move Forward with Clarity
With a fair agreement in place, you can avoid lengthy court proceedings, reduce stress, and focus on moving forward with confidence knowing that you’ve made decisions that work best for your family.
Speak To an Accredited Family Law Mediator and Family Dispute Resolution Practitioner in Brisbane Today
Navigate a straightforward or complex child custody mediation or family law property settlement mediation with confidence. Our approachable and knowledgeable family lawyers and mediators in Brisbane are ready to help. At Arora Legal, we offer a free 15-minute consultation to discuss your situation and outline your next steps.
Family Mediation FAQs
How long does family mediation usually take?
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.
What are the benefits of choosing family mediation over going to court?
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.
Is family mediation legally binding?
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.
Do both parties need to agree to participate in family mediation?
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.
What is family mediation?
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.
What is the difference between family mediation and family dispute resolution?
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.
What’s the difference between a family lawyer and a family law mediator?
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.
What are the advantages and disadvantages of mediation?
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.
How do I choose the right family mediator?
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.
How can family mediation help?
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.
What is a parenting mediation?
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.
What is a child custody mediation?
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.
What is a property mediation?
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.
What is a child inclusive mediation?
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.
Is family mediation right for me?
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.
When is mediation unsuitable?
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.
How do I invite my ex-partner to mediation?
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.
Do I have to attend family mediation?
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.
What happens if I don’t attend mediation?
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.
What is a S60I Certificate?
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.
Can I bring a support person to mediation?
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.
Do I need a Lawyer to come with me?
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.
How much does family mediation cost?
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.
Who pays for mediation?
When parties appoint a mediator privately, each party pays for their share equally. Sometimes, one person may pay all or most of the cost.
How long does family mediation take?
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.
Can a family court order mediation?
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.
What is court-ordered family 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.
How do I prepare for family law mediation?
To prepare for family law mediation, follow these simple steps:
- Know what you want – Think about your goals and what’s most important to you, like parenting time or property.
- Gather documents – Bring any important papers, such as financial records, bills, or parenting plans.
- Stay calm and open – Be ready to listen and talk honestly, even if things feel emotional.
- Get legal advice – Talk to a lawyer beforehand to understand your rights and options.
- Write down questions or concerns – This helps you remember what to say during mediation.
- 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”.
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