What a mediator cannot do
The mediator is neutral and cannot give legal advice to either party. They help facilitate the conversation — they cannot tell you whether a proposed property split is fair, what a court would likely award, or whether an agreement protects your interests. Only a lawyer advising you independently can do that.
Why legal advice before mediation matters
Knowing your legal entitlements before you mediate helps you negotiate from an informed position. For property matters, this includes understanding the range of outcomes a court might order, how superannuation is split, and whether any time limits apply. For parenting, it means understanding the best-interests framework and what the court considers.
Why legal review after mediation matters
An agreement reached at mediation is not legally binding until it is formalised — typically as consent orders or a binding financial agreement. A lawyer should review the terms before you sign, and help prepare the formal documents. Some agreements that seem fair on the day have unintended tax, superannuation, or enforcement consequences that a lawyer will identify.
Bringing a lawyer to the session
You can bring a lawyer to mediation as a support person and adviser. This is more common in property and commercial mediations than in parenting sessions. If one party has a lawyer present, the other may wish to arrange the same.
Where to find a family lawyer
Our family lawyers directory lists practitioners in major Australian cities who work alongside mediators and understand the process.
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