Services

Family Mediation

Before applying to the Court about parenting arrangements, you generally need to attempt family dispute resolution, unless an exemption applies.

For property matters, the Court also expects you to make genuine efforts to resolve the matter first and mediation is one of the most common ways to do this.

For a private mediation, a mediator is jointly appointed and must act impartially. While a Mediator cannot advocate on behalf of a party, a Mediator experienced in family law matters can provide general information about how family law works and help you explore options.

Mediation can result in practical, efficient and cost-effective outcomes. It can help families to move forward with their lives without the ongoing stress and expense of negotiation or litigation.

It is important to obtain legal advice about your rights, obligations and entitlements before you attend mediation or Dispute Resolution.

At Empower Family Law & Mediation we can help you to prepare for mediation by:

Providing expert advice that considers your family’s unique circumstances and applying the same principles the Court would in determining the living arrangements that are in the best interests of your children. We can assist you to prepare a draft agreement that outlines your preferred care arrangements for your children to take with you to Dispute Resolution to guide you through the process.
Using our knowledge and expertise to recommend a range of potential property settlement outcomes that consider your assets, liabilities, resources, and overall financial position.

We can advise you about the principles that the Court will rely upon when assessing whether a property division is just and equitable under law so that you are equipped with knowledge to make decisions about your financial future at a mediation.

If you reach agreement about your parenting arrangements or property division at a mediation, we can assist you to formalise your agreement by way of Consent Orders filed in the Federal Circuit and Family Court of Australia, a parenting plan or a Financial Agreement.

How we can help

If you have been invited to attend a mediation or would like to arrange a mediation as part of your family law negotiations, contact us on (03) 7020 6542 for assistance.

FAQ’s

Do I have to attend mediation before going to Court?

For parenting matters, generally yes. You need a certificate from an accredited family dispute resolution practitioner before applying to Court, unless an exemption applies, such as family violence, child abuse or urgency. For property matters, the Court expects genuine attempts to resolve the dispute first, which often includes mediation.

What’s the difference between a mediator and a lawyer?

A mediator is neutral and helps both of you reach agreement. They can’t advise or advocate for either person. A lawyer advises only you and protects your interests.

Is mediation safe if there has been family violence?

Not always. If safety is a concern, tell us as early as soon as possible. Options may include separate rooms, online or “shuttle” mediation, a support person, or an exemption from mediation. Your safety comes first.

Is our agreement legally binding?

Not on its own. To make it enforceable, it will need to be formalised. We can discuss those options with you, once you reach an agreement.

Speak with us

Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Phone: (03) 7020 6542

Email: info@empowerfamilylaw.com.au

Let us be your voice in troubled times.

More Services

Binding Financial Agreements (including Prenuptial Agreements)› Child Relocation› Child Support› Consent Orders› De Facto Relationships› Divorce› Family Violence and Intervention Orders› Grandparents and Other Carers› Parenting and Child Custody› Property Settlement› Separation› Spousal Maintenance› Superannuation› Urgent Family Law Issues›

Check that your practitioner is actually accredited

Anyone can call themselves a mediator. Not everyone can issue the certificate the Court requires.

For family dispute resolution, the practitioner must be registered as a Family Dispute Resolution Practitioner (FDRP) with the Commonwealth Attorney-General's Department, which maintains a searchable register of accredited FDRPs. If the process is arbitration rather than mediation, the arbitrator should be accredited with AIFLAM, the Australian Institute of Family Law Arbitrators and Mediators.

Using someone outside those schemes may still produce a useful conversation, but it will not produce a certificate that satisfies the Court.

What the certificate says about you

At the end of family dispute resolution the practitioner must complete a prescribed Certificate of Dispute Resolution, which is provided to the Court. It records whether:

the matter resolved in whole or in part
the parties attended, and
the parties made a genuine effort to resolve the issues.

That third limb matters. There can be costs consequences for failing to comply with a court order to attend dispute resolution, or for attending without genuinely engaging. Turning up to tick a box is visible, and it is recorded.

What it costs

Court-based family dispute resolution is free. A conciliation conference, which deals only with financial matters, attracts a fee set under the Family Law (Fees) Regulations 2022.
Family Relationship Centres provide information, referral and individual sessions free of charge, and one hour of joint dispute resolution free per couple. For the second and third hours, clients with a gross annual income of $50,000 or more pay $30 per hour; clients earning less than $50,000, or receiving Commonwealth health and social security benefits, are not charged. Beyond four hours, the Centre's own fees policy applies.
Community-based services are government subsidised, modestly priced, and generally charge on a sliding scale based on income.
Private practitioners charge their own fees.

If the Court orders you to attend and you have not filed evidence of your finances — for example because you are only seeking parenting orders — you may need to provide evidence of your capacity to pay before the order is made.

An agreement reached outside court is not automatically binding

Where you settle at court-based dispute resolution, the Registrar conducting the conference makes interim or final orders reflecting the agreement, and those orders take effect immediately.

Where you settle at private or community-based dispute resolution, nothing is binding by itself. You and the other party can ask the Court to make consent orders, or discontinue any proceedings and enter into a parenting plan.

Be clear about the difference: a parenting plan is not legally enforceable. It is not the same as a parenting order, and it can affect existing court orders, so take advice before signing one.

Confidentiality, and its limits

Communications in the course of dispute resolution are, except in certain circumstances, confidential and inadmissible in any court. That is what allows people to make realistic offers without fear of them being used later.

The limit is important: the practitioner may be required by law to report certain disclosures or risks. Confidentiality is not absolute where safety is involved.

Children and the process

Parents in private mediation may agree to a child-inclusive process, and mediators, FDRPs, child experts and Family Relationship Centres can explain how that works. You should not bring children to a dispute resolution conference, or discuss it with them, except in a way agreed between the parties and the practitioner.

Court-conducted family dispute resolution is not child inclusive. Instead the Court may order a report, and the author decides whether to observe the child with each parent and whether to meet the child separately. That is how children's experiences reach the Court in this process.

You can return to it at any point

Dispute resolution is not a single gate you pass through at the start. You and the other party can request a court-based conference, attend private mediation or community-based FDR, and submit consent orders at any stage before the final hearing. Many matters settle well after proceedings have started.

The Court information on this page reflects the published guidance of the Federal Circuit and Family Court of Australia on family dispute resolution, as at 26 October 2026. Fees and thresholds change. It is general information only, not legal advice, and does not replace advice about your own circumstances.

How to prepare for a mediation

Mediation works considerably better when both parties arrive with the same information and a realistic sense of the range of outcomes.

Know the pool. For financial matters, exchange taxation returns, payslips or business financial statements, bank and credit card statements, superannuation statements, and valuations or at least an agreed basis for valuing significant assets. Mediating without an agreed asset pool usually means mediating about the pool rather than about the settlement.

Know your position, and your range. Take advice beforehand about the likely range of outcomes if the matter were decided. A mediation is not the place to discover that a proposal is well outside what a court would order.

Know what matters most. Few settlements deliver everything. Identifying in advance which issues are genuinely important to you, and which you can trade, is what allows a mediator to find a resolution.

For parenting matters, bring a clear picture of the current routine, schooling, health arrangements and anything affecting safety, and think about what a workable week actually looks like rather than a percentage of time.

What happens if mediation does not resolve everything

Partial resolution is common and useful. A certificate can record that the matter resolved in part, and the issues that are agreed can be formalised while the remainder proceeds. Narrowing a dispute from five issues to one is a substantial result, both in cost and in time.

Where nothing resolves, the certificate records that the parties attended and whether they made a genuine effort. The matter can then be filed, and dispute resolution remains available afterwards: parties can request a court-based conference, attend private mediation, and submit consent orders at any stage before the final hearing.

Choosing between mediation, conciliation and arbitration

These are different processes and the labels are often used loosely.

Mediation and family dispute resolution are facilitative: the practitioner helps the parties reach their own agreement and cannot impose a decision or give legal advice.

A conciliation conference is convened by the Court, deals only with financial matters, and attracts a fee set by regulation. It is more evaluative in character, with a registrar actively assisting the parties towards resolution.

Arbitration is determinative: an arbitrator hears the matter and makes a decision that binds the parties, subject to limited review. It is available in financial matters and the arbitrator should be accredited with AIFLAM. For parties who want a decision without a court timetable, it can be considerably faster.

Court information in this section reflects the published guidance of the Federal Circuit and Family Court of Australia, as at 27 October 2026. It is general information only, not legal advice.

Do we have to try mediation before going to court?

In parenting matters, yes. Family dispute resolution is mandatory before a parenting application can be filed, unless an exemption is granted, and section 60I(9) sets out the grounds on which an exemption can be given. Exemptions exist for circumstances including family violence and urgency, but they must be established rather than assumed, and an application filed without either a certificate or an exemption is likely to run into difficulty. In financial matters there is no equivalent mandatory step, but the Court still expects parties to make every effort to resolve the dispute before commencing litigation where it is safe to do so, and that expectation continues after proceedings have started.

How do I know a mediator is properly accredited?

Anyone can describe themselves as a mediator, but only a registered practitioner can issue the certificate the Court requires. For family dispute resolution, the practitioner must be registered as a Family Dispute Resolution Practitioner with the Commonwealth Attorney-General's Department, which maintains a searchable register of all accredited practitioners, including private practitioners who charge varying fees. If the process is arbitration rather than mediation, the arbitrator should be accredited with AIFLAM, the Australian Institute of Family Law Arbitrators and Mediators. Using someone outside those schemes may still produce a useful conversation and even a workable agreement, but it will not produce a certificate that satisfies the Court's filing requirements.

What does the certificate say about us?

At the conclusion of family dispute resolution the registrar or practitioner must complete a prescribed Certificate of Dispute Resolution, which is provided to the Court. It records whether the matter resolved in whole or in part, whether the parties attended, and whether the parties made a genuine effort to resolve the issues between them. That third limb is the one worth thinking about. There can be costs consequences for non-compliance with a court order to attend dispute resolution, or for attending without genuinely engaging in an attempt to resolve the dispute. Turning up in order to tick a box is visible to the practitioner, it is recorded on the certificate, and the Court sees it.

What does mediation cost?

It varies considerably by provider. Family dispute resolution conducted within the Court is free, though a conciliation conference, which deals only with financial matters, attracts a fee set under the Family Law (Fees) Regulations 2022. Family Relationship Centres provide information, referral and individual sessions free of charge, and one hour of joint dispute resolution free per couple; for the second and third hours, clients with a gross annual income of $50,000 or more pay $30 per hour, while clients earning less than that or receiving Commonwealth health and social security benefits are not charged. Beyond four hours the Centre's own fees policy applies. Community-based services are government subsidised and generally charge on a sliding scale based on income.

Is what I say in mediation confidential?

Largely, and that is what makes it work. Communications in the course of dispute resolution are, except in certain circumstances, confidential and inadmissible in any court, which is what allows people to put forward realistic offers and concessions without fear of them being used against them later if the matter does not settle. The limit is important and should be understood before you start: the dispute resolution practitioner may be required by law to report certain disclosures or risks. Confidentiality is not absolute where safety is involved, particularly in relation to children. If you are unsure what that means for your situation, ask the practitioner to explain it at the outset.

If we reach agreement, is it binding?

It depends entirely on where you reached it. Where you settle at court-based dispute resolution, the Registrar conducting the conference will make interim or final orders reflecting the agreement, and those orders take effect immediately. Where you settle at private or community-based dispute resolution, nothing is binding by itself: you and the other party can ask the Court to make orders by consent, or discontinue any proceedings and enter into a parenting plan. Be clear about the difference, because a parenting plan is not legally enforceable and is not the same as a parenting order. You can also return to dispute resolution and submit consent orders at any stage before the final hearing.