Why preparation matters in mediation
Mediation is most effective when both parties arrive with a clear sense of the issues they want to address, the outcome they are hoping for, and the areas where agreement may already exist. Arriving unprepared can mean mediation sessions run over time, revisit territory unnecessarily, or stall on issues that could have been identified in advance.
A preparation session with a mediator can help — but having your own thinking organised beforehand means you can use that time productively. Common preparation tasks include identifying the issues in dispute, reviewing any existing arrangements or orders, noting what has already been agreed, and thinking through your priorities. This tool guides you through each of these steps and produces a summary you can keep, bring to your session, or share with your mediator in advance.
What mediation is — and what it is not
Mediation is a process in which an independent mediator helps participants identify the issues in dispute, discuss their concerns, explore options, and attempt to reach their own agreement. The mediator does not decide the outcome and does not take sides. The participants decide whether to agree and on what terms.
Mediation is different from arbitration or a court hearing, where a decision is imposed on the parties. It is also different from negotiations conducted entirely through lawyers. In mediation, participants speak for themselves, which is why preparation matters. The more clearly you can articulate what you want to discuss, what matters most to you, and where you might have flexibility, the more productively the session can proceed.
Family Dispute Resolution and parenting matters
For parenting disputes in Australia, it is important to understand the difference between ordinary mediation and Family Dispute Resolution (FDR). FDR is a specific process under the Family Law Act 1975 (Cth) conducted by a registered Family Dispute Resolution Practitioner. In many parenting matters, parties are required to make a genuine effort to resolve their dispute through FDR before applying to a family law court for parenting orders, unless an exception applies.
A registered FDR Practitioner may issue a certificate under section 60I of the Act — or, in Western Australia, section 66H of the Family Court Act 1997 (WA) — in circumstances provided by the legislation. Completing this preparation tool is not FDR, does not satisfy any FDR requirement, and does not result in the issue of any certificate. If you are unsure whether you need to participate in FDR, consider obtaining legal advice.
Preparing for property and financial disputes
Property and financial disputes following separation can involve a wide range of assets and liabilities — the family home, investment properties, superannuation, bank accounts, vehicles, businesses, trusts, and debts. Preparing effectively means identifying all of the issues in scope, understanding what exists, and thinking through your priorities.
This tool guides you through the key property and financial issues that commonly arise following separation. However, it does not provide legal or financial advice, and it does not constitute financial disclosure for the purposes of any legal process. How a financial agreement is documented, and whether it is legally enforceable, will depend on the circumstances. Consider obtaining independent legal advice about the appropriate form of any agreement reached.
When to seek legal advice
This tool is general information only. Consider obtaining independent Australian legal advice if any of the following apply to your situation: there are existing court orders; a proposed agreement involves significant financial interests or property; you are uncertain about your rights or obligations; there are safety concerns of any kind; or a court, tribunal or statutory deadline may be relevant. A family lawyer can advise you about the appropriate form for documenting any agreement reached in mediation.
If family violence or safety concerns are present, mediation may not be appropriate. Mediators are not able to provide a safe environment for all disputes. In that case, seek advice from a lawyer, contact 1800RESPECT (1800 737 732), or contact the police if you or your children are at risk.