Australian Family Lawyers

Family Mediation Lawyers

Australian Family Lawyers can support you with expert legal guidance before and after family mediation.

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Trying to agree on parenting or financial matters during a separation can feel overwhelming. Mediation done properly can be a powerful way to resolve disputes without going to court, and during court proceedings, but it’s important to be prepared. At Australian Family Lawyers, we help you navigate the legal side of mediation, ensuring you understand your rights, obligations, and options before entering the process. Our lawyers can connect you with highly experienced Mediators and offer legal support before and after your mediation to help you formalise agreements and protect your interests. We also have lawyers who are accredited Mediators, providing you all options to resolve your issues.

What is mediation?

Mediation is a type of dispute resolution with the aim to resolve disputes between parties outside of the more adversarial Court system. During a meeting or series of meetings, an independent, neutral third party (known as the Mediator) leads and facilitates discussion between the parties to reach an agreement.

At Australian Family Lawyers, we support you before, before, during, and after the mediation process. We help you prepare, understand your legal position, and formalise any agreements reached on issues like:

You may benefit from mediation if:

  • You want to avoid costly and stressful court proceedings
  • You’re separating or divorced and need to formalise arrangements
  • You’re experiencing communication breakdowns with your ex-partner
  • You want to reach a solution that prioritises your children’s wellbeing

What is the process of mediation?

  • Parties involved in a dispute choose a Mediator, usually one with expertise in the particular area of the dispute. Mediators often have family law expertise and are trained in facilitating constructive discussions around parenting, property, or financial matters.
  • The Mediator usually conducts an intake with each of the parties separately. These sessions determine the issues in dispute and help inform the best way to approach the mediation. Sometimes it might be appropriate for the parties to be in the same room attempting to resolve the issues. On other occasions, that might not be appropriate (e.g. domestic violence issues or unequal bargaining power between the parties). In those situations, it may be preferable for the Mediator to conduct the mediation in separate rooms (shuttle).

Many mediations can be conducted online by a video conferencing platform such as Teams, so the parties don’t have to come into physical contact.

What happens if you don’t agree during mediation?

Not all mediations result in a complete agreement, and that’s okay as the issues usually get narrowed down to allow resolution shortly after. If you can’t resolve all issues through mediation, you may reconvene or explore other options, such as applying to the Family Court or considering arbitration for property matters.

However, it’s important to know that once a matter is decided by a court or arbitrator, the final decision is out of your hands. You lose the opportunity to shape the outcome together and the process sometimes becomes longer, more expensive, and often more adversarial.

That’s why many families attempt mediation first to preserve control and avoid the trial wherever possible.

Why mediation can be worth it, even if you don’t agree on everything

Even if mediation doesn’t resolve every issue, it can:

  • Narrow the points of disagreement and make future steps more focused
  • Improve communication between parties — especially important for co-parenting
  • Provide a calm, private space to explore solutions before involving the court
  • Reduce emotional tension and pave the way for more cooperative negotiations later
  • Allow you to obtain a Section 60I certificate if court proceedings become necessary

Whether you’re negotiating parenting arrangements, child support, or property settlements, working with a trained Mediator offers structure, clarity, and a chance to reach fair outcomes. At Australian Family Lawyers, not only do have lawyers who are also mediators,  but we work closely with trusted, accredited Mediators across Australia.

We assist clients across Australia, including Sydney, Melbourne, Brisbane, Perth, Canberra, the Gold Coast, and the Sunshine Coast, and also offer follow-up legal services to implement agreements or guide you through the next steps if mediation doesn’t resolve all matters.

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What to expect when you prepare for mediation with us

Our local lawyers support you through key legal steps surrounding the mediation process. Here’s what working with Australian Family Lawyers typically looks like:

Relevant Free Resources

Read more about Mediation in  Australia.

Law Firm of the Year

We are proud to announce we have been named as a finalist in the Australian Law Awards for Law Firm of the Years 2020, 2021, 2022 and 2023.

Award recipients represent a true cross section of the legal industry, recognising the contributions of the profession’s most senior ranks through to its rising stars.

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FAQ

No. For parenting, if you sign and date the agreement, it becomes a parenting plan. Although not legally enforceable, it is disclosable to the Court and holds some weight. For property, any agreement signed is not enforceable.

One of our mediators costs $250 for an hour, per person for the intake session and a half day mediation is $800, per person.

It must be done for parenting matters before filing in the Court unless an exemption applies. It is appropriate in all matters unless there is family violence, for example. The Court want you to attempt it before heading there in all matters, unless an exemption applies.

Yes, can be done via shuttle so the parties do not need to see each other.

About Australian Family Lawyers

Our team of family mediation lawyers is on standby to help you with all your family law matters. We know this can be an emotional process, but getting clarity around these issues can help you be prepared for a long and successful relationship into the future.

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