Why mediate family matters before court?
Because the court process is slow and costly, and it places the most important decisions of your life in a judge's hands rather than your own. A contested family law matter can take one to three years and cost tens of thousands of dollars per side. Mediation offers a gentler path: it's usually resolved in one or two sessions, costs a fraction as much, and leaves you in control of the outcome. It's also the step most family lawyers recommend trying first.
It's better for the people who matter most, too. When parents reach their own agreement rather than having one imposed, arrangements tend to last longer and the co-parenting relationship survives — which is what children need most.
Is family mediation compulsory before going to court?
For most parenting disputes, yes. Under Section 60I of the Family Law Act 1975, you must make a genuine attempt at family dispute resolution before applying for parenting orders. There are exemptions — family violence, child safety concerns, or genuine urgency — but for most separating parents, mediation is the required first step. Learn about Section 60I certificates →
What family matters can be mediated?
- Parenting plans — living arrangements, time with each parent, and decision-making
- Divorce mediation — resolving everything that comes with separating
- Property settlements — dividing assets, debts and the family home
- Superannuation splitting and spousal maintenance
- Binding financial agreements (BFAs)
- Child support arrangements and disputes
- De facto and same-sex relationship disputes
Family mediators who understand the law
Many of our family mediators are also experienced family lawyers. That means our family mediation services give you a clear-eyed view of where you'd likely land in court — and a process designed to get you there faster, for far less, without ever filing. We provide family mediation right across Australia, in person and by secure video, so wherever you are you can work with an accredited family mediator. If you're separating specifically, our dedicated divorce mediation service covers parenting, property and finances together; and you can see exactly what family mediation costs before you commit.
How family law mediation works, step by step
The process is structured but never rigid, and it's designed to keep things calm:
- Free consultation — you explain your situation and we give an honest view of whether mediation can help and how it works alongside any legal advice.
- Intake, separately — each party meets the family mediator on their own so concerns and safety can be assessed before anyone is in the same room.
- Preparation — financial disclosure is gathered for property matters, and the issues to resolve are agreed and put in order.
- The mediation — guided by the mediator, you work through each issue, together or in separate rooms ('shuttle' mediation) where there's high conflict.
- Agreement and formalising — what you agree is recorded, then turned into consent orders or a binding financial agreement so it's enforceable.
Family law mediation vs going to court
For most separating families the contrast is stark — which is why mediation is the step most family lawyers suggest trying first:
| Family law mediation | Contested court | |
|---|---|---|
| Typical time | Weeks — one or two sessions | One to three years |
| Typical cost | Fixed fee, usually shared | Tens of thousands per side |
| Who decides | You and your former partner | A judge |
| Privacy | Confidential | Public process |
| Effect on co-parenting | Preserved where possible | Often strained |
The aim isn't to avoid court at any cost — it's to avoid unnecessary court. Where there's a genuine safety risk or a legal question only a judge can decide, litigation has its place. See when mediation beats litigation →
When family mediation may not be the right path
We're honest about the limits. Mediation depends on both people being able to negotiate safely and openly, so it isn't suitable in every case — particularly where there is family violence, a serious safety risk, or where one party won't participate or disclose honestly. In those situations you may be exempt from the usual requirement to attempt family dispute resolution, and court protection may be the right first step. If you're in immediate danger, call 000; for confidential support, 1800RESPECT (1800 737 732) is available 24/7. See our guidance on family violence and family law.
How much does family mediation cost?
You start with a free initial consultation, so you know exactly where you stand before committing to anything. From there, family mediation typically costs a small fraction of a contested court case, and the fee is usually shared between the parties. Compared with two sets of lawyers billing by the hour for years, the saving is substantial — and the emotional cost is lower too. See a full breakdown of what mediation costs →
Why choose accredited family mediators?
Not all mediation is equal. Our family mediators are nationally accredited under the Australian Mediator and Dispute Resolution Accreditation Standard (AMDRAS), and many are also experienced family lawyers — so you get both the legal insight to understand where your matter would land and the resolution focus to get you there without a fight. We work alongside any lawyer you already have rather than replacing them; in fact, much of our work comes referred from the very solicitors advising separating clients. With free initial consultations, in-person and secure online options, and family mediation services available right across Australia, you get genuine expertise and a real alternative to litigation. Learn more about Mediations Australia →
Making your agreement legally binding
Reaching agreement is the hard part — we make the rest simple. Once you've settled, we help formalise it into a legally enforceable outcome: consent orders for parenting and property, or a binding financial agreement where appropriate. You walk away with certainty, not just a handshake. Wherever you are — Sydney, Melbourne, Brisbane or Perth — you can start with a free consultation.