A guide to Family Law Mediation: How it works and what to expect

Mediation is a highly effective way to resolve disputes, particularly in family law matters. It provides a structured yet flexible environment where both parties can work towards practical solutions – without the stress, cost, and formality of court proceedings. But how exactly does the family law mediation process work – and what should you expect on the day?

What is Family Law Mediation?

Mediation is a confidential and voluntary process where both parties meet with an independent mediator to discuss their issues and explore solutions. Unlike a courtroom setting, mediation encourages open dialogue and collaboration rather than adversarial arguments.

The mediator does not make decisions or enforce outcomes but instead facilitates a conversation that helps both parties reach a mutually acceptable agreement. The goal is to create solutions that are practical, fair, and in the best interests of all involved – especially children in family law matters.

Why Is Mediation the First Step Before Court?

In family law, mediation is strongly encouraged and often required before taking a dispute to court. There are several reasons for this:

Cost-effective – Mediation is far less expensive than prolonged legal proceedings.
Less stressful – Court can be emotionally draining, whereas mediation provides a more relaxed and constructive atmosphere.
Faster resolutions – Legal battles can take months or even years, while mediation can reach agreements in a day or a few sessions.
Greater control – Mediation allows both parties to decide on a tailored solution rather than having a judge impose one.
Legally recognised – Agreements reached through mediation can be formalised into legally binding consent orders.

For disputes involving parenting arrangements, mediation is often a requirement before applying to the Federal Circuit and Family Court of Australia (FCFCOA). Parties must attempt to resolve their differences through mediation and obtain a Section 60I certificate before commencing court proceedings.

What Can I Expect on the Day of Mediation?

Mediation typically follows a structured format to ensure that discussions remain productive and focused:

Opening Statements – The mediator will explain the process and guidelines. Both parties may then have an opportunity to present their concerns.
Discussion & Negotiation – With the mediator’s guidance, both sides will discuss their issues, identify priorities, and explore solutions.
Private Sessions (if needed) – If emotions run high or one party needs time to reflect, the mediator may hold private discussions before continuing the mediation.
Agreement & Documentation – If an agreement is reached, it will be documented, and the next steps will be explained, including the formal legal document process.

Does Mediation have to be in person?

Mediation can be conducted in various ways to ensure the safety of participants while still achieving an effective resolution. Sessions may take place online via Teams or Zoom, either in a shared virtual space or, if necessary, in separate virtual rooms. In the latter case, the mediator moves between rooms, gathering perspectives and facilitating settlement discussions.

The same approach applies to in-person mediation. If all parties are at the same venue but a joint discussion is not feasible, the mediator can shuttle between rooms. Helping to progress negotiations and address key points on the agenda.

Can I Bring Someone with me to Mediation?

Yes. Family law mediation can be emotionally challenging, so having a support person (a friend or family member) may help.

You may also choose to have your Solicitor attend, to:

Represent your legal interests
Help negotiate terms
Ensure any agreement is fair and enforceable

Family Law Mediation FAQs

What if we can’t reach an agreement?

If mediation fails, you may still need to go to court. Your solicitor will help you prepare and explain your options and the next steps.

Is mediation always required?

There are exceptions – such as family violence or urgent matters. Speak to your family lawyer to find out if an exemption applies to your matter.

How long does mediation take?

Many sessions last a half or full day, but complex matters may require multiple sessions.