Mediation or family dispute resolution can feel confronting because it asks you to make decisions while the separation is still raw. Good preparation makes the process more useful and less reactive.
The quick answer is that you should prepare by understanding the legal issues, collecting the right documents, identifying your goals, knowing your fallback position and thinking about what would make an agreement safe and workable. The purpose is not to win an argument. It is to see whether a practical agreement can be reached without a contested court process.
FDR, mediation and round table conferences
Family dispute resolution, often called FDR, is usually used for parenting disputes. A family dispute resolution practitioner helps parties discuss arrangements for children. In many parenting matters, a certificate under Family Law Act 1975 (Cth) s 60I is required before a person can apply to the Court, unless an exception applies.
Mediation is a broader term. It may be used for parenting, property, financial or mixed disputes. A round table conference is usually a lawyer-assisted negotiation meeting. It may involve the parties, their lawyers and sometimes a mediator.
The format matters less than the preparation. You need to know the issues, the evidence, your priorities and the practical terms that would turn a broad idea into a working agreement.
When dispute resolution may not be suitable
Dispute resolution is not safe or appropriate in every matter. Family violence, intimidation, threats, coercive control, serious mental health issues, urgency, non-disclosure, drug or alcohol concerns, or a child being withheld may mean a different process is needed.
That does not always mean court is the only option. It means you should get advice before agreeing to a process. Safety planning, shuttle mediation, lawyer-assisted negotiation or urgent court steps may be more appropriate.
What to prepare before the session
For parenting matters, prepare the current care routine, school and childcare details, medical needs, communication issues, holiday proposals, travel issues and any safety concerns. Think about the child’s needs at different times of the week, not only what each adult wants.
For property matters, prepare a list of assets, debts, superannuation, income, expenses, documents and any disputed values. The discussion will be more productive if both sides have enough disclosure to negotiate from an informed position.
For both parenting and property matters, write down your best outcome, acceptable outcome and non-negotiable concerns. A good settlement plan includes flexibility on less important issues and clarity on the matters that truly affect safety, fairness or workability.
What happens during mediation
The mediator or practitioner will usually explain the process, confidentiality and ground rules. Each party may have an opportunity to outline the issues. The discussion may then move between joint sessions and private sessions.
In lawyer-assisted mediations, your lawyer can help test proposals, draft terms and reality-check whether the agreement is legally and practically workable. In some settings, the mediator cannot provide legal advice, so it is important to understand your legal position before the session.
If agreement is reached, the next step is usually to document it. Parenting agreements may become parenting plans or consent orders. Property agreements usually need properly drafted consent orders or a binding financial agreement to be legally effective.
How to get the most out of the day
Be prepared, but not fixed. Mediation works best when you know what matters and can still consider different ways to achieve it.
Do not spend the session proving every historic complaint. Focus on what needs to happen next, what evidence supports your position and what terms would reduce future conflict. If a proposal is not acceptable, explain the practical problem and suggest an alternative.
Take notes. Ask for breaks if needed. Do not sign anything you do not understand. If the agreement affects property, parenting, child support or long-term financial rights, get advice before treating it as final.
After agreement or no agreement
If agreement is reached, it should be converted into the right legal document. Informal agreement can be useful, but it may not be enforceable.
If agreement is not reached, the session can still help. It may narrow the issues, identify missing disclosure, clarify risk or show whether court proceedings are necessary. For parenting matters, a s 60I certificate may be issued depending on the circumstances.
A short appointment with a family lawyer before mediation can help you prepare your documents, test your proposal and understand what should be recorded if agreement is reached.
The next step
Dispute resolution is most effective when you arrive with a plan, not just a grievance. The aim is to leave with either an agreement or a clearer path to the next formal step.