The role of Mediation in Family Law
When families go through separation or divorce, emotions often run high and communication can become strained. While court proceedings may seem like the only path forward, mediation offers a more collaborative and cost-effective alternative. It allows separating couples to resolve disputes with the help of a neutral third party, without needing to go before a judge.
In this blog, we’ll explore what mediation is, how it works, when it’s appropriate, and why it can be an effective tool in resolving family law disputes.
What Is Mediation?
Mediation is a structured, confidential process where a trained mediator helps parties in dispute communicate more effectively and reach mutually acceptable agreements. It’s commonly used in family law to address issues such as:
Parenting arrangements (formerly known as child custody)
Division of property and finances
Spousal maintenance
Communication guidelines between co-parents
Mediation isn’t about determining who is right or wrong. Instead, it focuses on finding workable solutions that are tailored to each family’s unique circumstances.
Is Mediation Compulsory in Family Law?
Yes, in many cases, family dispute resolution (FDR)—a specific form of mediation—is compulsory before applying to the court for parenting orders under the Family Law Act 1975. Unless there are exceptional circumstances (such as family violence or urgency), the court will require a section 60I certificate to show that mediation was attempted.
While mediation for property or financial matters is not legally mandatory, courts strongly encourage it as a way to resolve disputes efficiently and affordably.
The Mediation Process: What to Expect
Pre-Mediation Assessment:
Each party is assessed individually to determine whether mediation is appropriate, especially in cases involving family violence or safety concerns.Joint Mediation Session:
If appropriate, and both parties are comfortable, they attend a joint session—either in person, by phone, or via video call—with the mediator facilitating communication and helping clarify issues. In other cases a shuttle mediation can be used where the mediator goes between the parties.Negotiation and Resolution:
The mediator does not give legal advice or make decisions but guides the conversation toward common ground. If an agreement is reached, it can be documented and later formalised through consent orders.Post-Mediation Options:
If an agreement cannot be reached, parties can proceed to court, using the mediation process as a stepping stone. The section 60I certificate issued after mediation may be required for court proceedings involving children.
Benefits of Mediation in Family Law
Cost-Effective: Mediation is significantly less expensive than going to court.
Faster Resolution: Agreements can often be reached in days or weeks, not months.
Less Stressful: A non-adversarial setting helps preserve relationships, especially important for co-parenting.
Flexible & Tailored Solutions: Unlike court, where outcomes are imposed, mediation allows parties to create agreements that work for their unique family dynamics.
Confidential: Mediation is private, unlike court proceedings, which are often public.
When Mediation May Not Be Suitable
While mediation has many advantages, it may not be appropriate in every situation. Mediation might be skipped or modified in cases involving:
Family violence or safety risks
Power imbalances between parties
Urgent applications (e.g. relocation or child abduction concerns)
Inability or unwillingness of a party to engage in good faith
An experienced family lawyer can advise whether mediation is suitable in your particular case and help you prepare effectively.
How a Family Lawyer Can Help You Through Mediation
Even though mediators are impartial, it’s important to seek independent legal advice before and after mediation. A family lawyer can:
Help you understand your rights and entitlements
Prepare you for mediation by identifying key issues
Draft parenting plans or property agreements
Convert informal agreements into legally binding consent orders
At Allison Rowe Family Lawyers, we support our clients throughout the mediation process, whether it’s attending the mediation session with you or simply helping you prepare behind the scenes.
Mediation plays a crucial role in modern family law. It empowers separating couples to take control of their outcomes, reduce conflict, and avoid the emotional and financial toll of litigation. If you’re going through a separation or parenting dispute, it’s worth exploring whether mediation could be the right path for you.
Our experienced family lawyers are here to help you understand your options and support you through every step. Reach out to book a confidential consultation with us today.
