Do I need mediation before going to Family Court?
In most cases yes — Australian law requires FDR before filing parenting orders. Exceptions apply for urgency and family …
Read the answer →
Knowledge hub
Your Mediation Questions, Answered
Clear answers to common questions about mediation, family dispute resolution, workplace disputes and commercial mediation in Australia. Written and reviewed by accredited Australian mediators and Family Dispute Resolution Practitioners.
Browse by topic
What do you need help with?
👪
Family Mediation
Parenting, property, separation, FDR and Section 60I certificates.
21 questions →🏢
Workplace Mediation
Employees, employers, HR teams and workplace conflict.
8 questions →🤝
Commercial Mediation
Business, partnership, shareholder and contractual disputes.
9 questions →⚖️
Estate Mediation
Wills, estates, inheritance and family provision disputes.
0 questions →💬
About Mediation
Costs, confidentiality, lawyers, preparation and what to expect.
6 questions →All questions
Browse the full library
50 answered questions, each with primary Australian sources and expert review.
Family Mediation
What happens if my ex refuses mediation?
If your ex refuses family mediation, the FDRP issues a Section 60I certificate allowing you to apply to the Family Court…
Read the answer →What is a Section 60I certificate?
A Section 60I certificate is issued by an accredited FDRP after family mediation is attempted or unsuitable. Required be…
Read the answer →Who can issue a Section 60I certificate?
Only an accredited Family Dispute Resolution Practitioner (FDRP) registered with the Mediator Standards Board can issue …
Read the answer →How much does family mediation cost in Australia?
Family mediation costs $2,000–$5,000 for a full-day private session. Free options exist through government services. Far…
Read the answer →How long does family mediation take?
Most family mediation sessions are completed in a single day of four to six hours. Complex property and parenting matter…
Read the answer →What happens if family mediation fails?
If family mediation fails, the FDRP issues a Section 60I certificate allowing you to apply to the Family Court. Partial …
Read the answer →Is family mediation confidential?
Yes — family mediation is confidential. What is said during FDR cannot be used as evidence in court proceedings, with na…
Read the answer →Can mediation deal with parenting and property at the same time?
Yes — mediation can resolve parenting and property settlement in one process, usually more efficient than running two se…
Read the answer →Can I bring a lawyer to family mediation?
Yes — you can bring a lawyer to family mediation as a support person or adviser. Their role is to advise you, not to adv…
Read the answer →Is mediation suitable where there is family violence or coercive control?
Mediation is often not appropriate where there is family violence or coercive control. Exemptions from FDR apply, and sa…
Read the answer →What is Family Dispute Resolution?
FDR is a structured mediation process for separating parents. Most parents must attempt FDR before filing parenting matt…
Read the answer →What's the difference between mediation and Family Dispute Resolution?
FDR is a specific type of mediation under the Family Law Act. Only an accredited FDRP can issue the Section 60I certific…
Read the answer →When can I be exempt from Family Dispute Resolution?
FDR exemptions apply where there is family violence, urgency, the other party cannot be located, or an FDRP assesses FDR…
Read the answer →Can I get a Section 60I certificate without attending mediation?
Yes — a Section 60I certificate can be issued without attending mediation if FDR is assessed as unsuitable, the other pa…
Read the answer →How long is a Section 60I certificate valid?
The Court states a Section 60I certificate is valid for 12 months. Seek legal advice before filing if your certificate i…
Read the answer →Can grandparents use family mediation?
Yes — grandparents can use family mediation to resolve disputes about time with grandchildren, and usually need FDR befo…
Read the answer →Can we make a parenting plan at mediation?
Yes — a parenting plan can be drafted and signed at mediation. It is not a court order, but formally records both parent…
Read the answer →Can property settlement be resolved through mediation?
Yes — property settlement can be resolved through mediation. Most separating couples reach agreement, avoiding contested…
Read the answer →Can mediation happen online?
Yes — online mediation is fully recognised in Australia for family, workplace, and commercial disputes. It counts as FDR…
Read the answer →What should I bring to family mediation?
Bring financial documents, asset and debt lists, super statements, and clear priorities. This guide covers what to prepa…
Read the answer →Workplace Mediation
When should HR use an external mediator?
Use an external mediator when internal resolution fails, a conflict of interest exists, or the allegations are serious e…
Read the answer →Workplace investigation vs mediation: what's the difference?
A workplace investigation determines facts. Mediation helps parties reach a voluntary resolution. They serve different p…
Read the answer →Is workplace mediation confidential?
Yes. Workplace mediation is confidential. What is said in the session cannot be used in subsequent proceedings, with nar…
Read the answer →How does workplace mediation work?
Workplace mediation is a confidential process where a neutral mediator helps resolve disputes. Most matters resolve in a…
Read the answer →Can an employee refuse workplace mediation?
Workplace mediation is voluntary — an employee can refuse. However, refusal may affect ongoing employment and any relate…
Read the answer →Can a support person attend workplace mediation?
Yes — employees and employers can bring a support person to workplace mediation. Their role is to support, not to advoca…
Read the answer →Can workplace mediation deal with bullying allegations?
Workplace mediation can address bullying — best suited to interpersonal conflict rather than serious misconduct requirin…
Read the answer →What happens if workplace mediation fails?
If workplace mediation fails, the dispute continues via Fair Work conciliation, disciplinary action, or litigation. Part…
Read the answer →Commercial Mediation
How much does commercial mediation cost in Australia?
Commercial mediation typically costs $3,000–$8,000 per party per day in Australia. Costs depend on mediator seniority, d…
Read the answer →How does commercial mediation work?
Commercial mediation is a confidential process for business disputes. A neutral mediator facilitates discussion without …
Read the answer →Mediation vs arbitration: what's the difference?
In mediation the parties reach their own agreement. In arbitration the arbitrator decides the outcome like a private jud…
Read the answer →Should I mediate a shareholder dispute?
Yes — mediation suits most shareholder disputes. It is confidential, faster than litigation, and lets the business keep …
Read the answer →Can business partners use mediation?
Yes — mediation is highly effective for business partnership disputes. It is confidential, fast, and preserves the partn…
Read the answer →Can mediation resolve a contract dispute?
Yes — mediation resolves most contract disputes. It is confidential, cheaper than litigation, and produces binding agree…
Read the answer →Is commercial mediation confidential?
Yes — commercial mediation is confidential. What is said cannot be used in court proceedings or disclosed to third parti…
Read the answer →Can lawyers attend commercial mediation?
Yes — lawyers regularly attend commercial mediation as advisers and representatives. Their role is to advise, not to run…
Read the answer →What happens if commercial mediation fails?
If commercial mediation fails, parties can proceed to arbitration or court. Partial agreements retain value and confiden…
Read the answer →About Mediation
What is shuttle mediation?
Shuttle mediation is where parties stay in separate rooms and the mediator moves between them. It is used where face-to-…
Read the answer →How much does mediation cost in Australia?
Mediation costs $1,500–$5,000 per session in Australia, varying by dispute type. Government subsidies apply for family m…
Read the answer →How long does mediation take?
Most mediation sessions take four to six hours in a single day. Complex disputes may need a second session. Court procee…
Read the answer →What happens during mediation?
During mediation a neutral mediator helps parties reach a voluntary agreement. Sessions follow four stages: opening, exp…
Read the answer →Do I need a lawyer for mediation?
You do not need a lawyer for mediation, but independent legal advice before and after is strongly recommended for proper…
Read the answer →Is mediation legally binding?
Mediation is not legally binding itself, but agreements can be formalised as consent orders or a binding financial agree…
Read the answer →Can't find your question?
Call us and we'll answer it — or send it below and we'll add it to the library.
Ask a question →