Preparing for family dispute resolution and mediation
How to prepare for family dispute resolution, mediation or a round table conference in a family law matter.
Read article →Mediation & Negotiation
Mediation and negotiation can help you stay focused on practical outcomes, reduce conflict and keep more control over the result. Reaching agreement is one thing - documenting it correctly is another.
- Parenting matters
Mediation often required
- Financial matters
Part of pre-action steps
- Formalised via
Consent orders or binding agreement
- Court attendance
Usually avoided
What mediation & negotiation means.
Mediation is a structured process where parties work with an independent mediator to try to resolve parenting or financial issues. It can occur before or after court proceedings are started.
Family Dispute Resolution is commonly used for parenting matters and may be required before applying for parenting orders unless an exemption applies.
Reaching agreement is important, but the terms usually need to be documented correctly through consent orders, a financial agreement, parenting plan or child support agreement depending on the issue.
Mediation before court.
In many family law matters, you may be required to take steps to resolve the dispute before issuing court proceedings. For parenting matters, this usually means attending Family Dispute Resolution and obtaining a section 60I certificate before applying for parenting orders, unless an exemption applies. Exemptions may include urgency, family violence, child safety concerns, or circumstances where dispute resolution is not appropriate.
Our approach
Settlement works best when you are prepared.
When a relationship ends, most disputes about parenting and property do not need to go to court. The majority of family law matters are resolved through negotiation or a structured dispute resolution process - usually faster, cheaper and less stressful than litigation.
Resolution-focused strategy.
We work toward agreement where it is safe and appropriate - not where it just sounds nice.
Preparation support.
We help with case outlines, offers and mediation documents so you arrive ready.
Risk-aware advice.
We explain the strengths, risks and cost consequences of any proposal on the table.
Formalisation pathway.
We help document any agreement properly so it can actually be relied on afterwards.
How it works
The Mediation & Negotiation process.
Mediation and settlement strategy depend on preparation, disclosure, valuations, risk assessment and whether both parties are ready to negotiate meaningfully.
01
Clarify the issues
Identify what has been agreed, what is disputed and what information is missing.
02
Prepare for mediation
Organise disclosure, parenting information, valuations and consider what you want to achieve and whether it is achievable.
03
Develop negotiation strategy
Understand realistic outcomes, litigation risk, costs, strengths and weaknesses, and room for compromise.
04
Participate in mediation
Make offers, respond to proposals, test arrangements and work toward clear, workable terms.
05
Formalise the agreement
Document terms through consent orders, a financial agreement, a parenting plan or a child support agreement.
In more detail
What you should know.
Three issues shape almost every family law mediation - whether you are required to attend, what information you bring, and how any agreement is recorded.
When mediation is required before court.
In parenting matters, Family Dispute Resolution is usually required before applying to the Court for parenting orders, unless an exemption applies. Financial matters follow a different - but still structured - path.
Parenting matters
Parents are generally required to make a genuine effort to resolve the dispute at FDR and obtain a certificate from the FDR practitioner before filing. The certificate may record that the parties attended, that one party did not attend, that the matter was unsuitable, or that the dispute was not resolved.
Financial matters
Mediation is not always compulsory before filing, but parties are generally expected to comply with pre-action procedures - usually exchanging disclosure, identifying the issues in dispute, making offers and considering dispute resolution before commencing proceedings.
Exemptions may apply where there is
- Urgency
- Family violence
- Child abuse
- Risk to a child
- Incapacity to participate
- Another reason FDR is unsuitable
Key point
Do not assume FDR is required in every parenting matter - in some circumstances, delay caused by attempting dispute resolution may increase risk or prejudice your position.
Disclosure & documents for property mediation.
A property mediation is only as useful as the information available. You should provide documents that allow the asset pool, liabilities, income and disputed issues to be identified properly.
Why disclosure matters
If disclosure is incomplete, the mediation may be ineffective or any agreement reached may be unsafe. You should not attend relying only on estimates, assumptions or verbal assurances.
The balance sheet
Prepare a balance sheet identifying the assets, liabilities and superannuation interests, the values agreed, the values disputed, and the documents needed to resolve any disagreement. In many matters, it becomes the core negotiation document.
Documents usually include
- Bank, mortgage & loan statements
- Payslips & tax returns
- Superannuation statements
- Property appraisals or valuations
- Business, company & trust documents
- Evidence of significant debts
Key point
Businesses, trusts, self-managed super funds, inheritances, family loans or overseas assets usually require further documents - raise them early.
Turning agreement into something binding.
An agreement reached at mediation is not always automatically legally binding. The legal effect depends on what was agreed, how it was recorded and what type of family law issue is involved.
Parenting matters
A parenting plan can be useful and practical, but it is not enforceable in the same way as Court orders. Consent orders, once approved by the Court, are legally binding.
Financial matters
A property agreement should usually be formalised by consent orders or, in some cases, a binding financial agreement - an informal agreement may not finalise financial claims or provide the protection the parties expect.
If mediation resolves only some issues
- Record what has been agreed
- Narrow the remaining dispute
- Exchange written offers
- Consider a further mediation
- Consider arbitration
- Court proceedings if needed
Key point
Partial agreement is still progress - but obtain advice on how to record it properly before relying on it.
Frequently asked questions
Advice from our family law team.
What is the difference between mediation and Family Dispute Resolution?
Mediation is a general process where an independent mediator helps parties explore settlement of parenting or financial issues. Family Dispute Resolution (FDR) is a specific form used in parenting matters, usually conducted by a registered FDR practitioner who can issue the certificate generally needed before applying for parenting orders. Not every mediation produces that certificate, so check the practitioner is appropriately registered if you need one.
Do I need a lawyer at mediation?
Not always physically present, but you should obtain legal advice before participating in any significant family law mediation - otherwise you may agree to terms that are impractical, incomplete or difficult to enforce. In complex property matters, lawyer-assisted mediation is often preferable because advice can be given in real time and settlement terms drafted with precision.
What should I do before mediation?
Prepare. You should understand the issues, your legal position and realistic settlement options before the day, and consider what outcome you can actually implement. If there are family violence, safety or child risk concerns, those must be considered before mediation is attempted.
What if the other parent refuses to attend Family Dispute Resolution?
FDR can usually still serve its purpose - if the other parent fails or refuses to attend, the FDR practitioner can generally issue a certificate recording that non-attendance, and you may then be able to apply to the Court for parenting orders with that certificate.
How long does an FDR certificate remain valid?
Generally, an FDR certificate cannot be filed more than 12 months after the latest FDR or attempted FDR. If your matter has stalled for longer than that, FDR may need to be revisited before a parenting application can be filed.
Do offers to settle have to be made in a property case?
Generally, yes - once proceedings are on foot, each party to a property case is usually required to make a genuine offer to settle within 28 days after a mediation or conciliation conference, or after the first court date if none is held. Offers must be in writing and are usually treated as without prejudice unless made as open offers.
What happens if someone starts a court case without completing the pre-action steps?
The Court may take non-compliance seriously - an application filed without genuine pre-action steps may be at risk of an adjournment, a stay or a costs order, unless an exemption such as urgency, family violence or child abuse applies.
Can we still negotiate or mediate after court proceedings have started?
Yes. Mediation can occur before or after proceedings are started, and in parenting cases the parties are generally referred to dispute resolution again within months of filing. Offers to settle can be made at any time before the Court decides the case.
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Preparing for family dispute resolution and mediation
How to prepare for family dispute resolution, mediation or a round table conference in a family law matter.
Read article →Preparing for family dispute resolution and mediation
How to prepare for family dispute resolution, mediation or a round table conference in a family law matter.
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