Key takeaway: In Australian family mediation the fee is usually split equally between the parties, because both share the benefit of resolving the dispute. There are exceptions — one party may agree to pay more, or government-funded Family Relationship Centres offer free or low-cost family dispute resolution based on income. Either way, a shared mediation fee is a fraction of funding two lawyers through court.
The usual rule: the fee is shared equally
Mediation is a joint process that both people benefit from, so the standard arrangement is that the two parties split the mediator's fee 50/50. This reflects the spirit of mediation itself — it isn't one side hiring a champion against the other; it's both sides paying a neutral professional to help them reach an agreement they can both live with. Because most providers, including us, charge a fixed fee rather than billing by the hour, each party knows their share up front with no surprises. See a full breakdown on our what mediation costs page.
When one party pays more — or all of it
The 50/50 split is a convention, not a law, and couples often vary it to fit their circumstances:
- Income imbalance — where one partner earns substantially more, they may agree to cover a larger share, or all, of the fee.
- Access to funds — sometimes the cost is paid from a joint account or from the asset pool being divided, so neither party is out of pocket personally.
- Goodwill — one party simply offers to pay to get the process moving, particularly where they're keen to resolve things quickly.
None of this affects the mediator's neutrality. Who pays the bill has no bearing on the process — the mediator does not act for whoever pays.
Want a clear, fixed quote before you commit? Book a consultation and we'll set out exactly what your mediation will cost.
Book a free consultation →Free and subsidised mediation
Not everyone has to pay privately. The government funds a national network of Family Relationship Centres that provide family dispute resolution, with the first hours often free and further sessions charged on a sliding scale based on income. You can find them through Family Relationships Online, and the Attorney-General's Dept — Family Dispute Resolution explains how the publicly funded system works. These services are an excellent option for many families, though wait times can be longer and complex financial matters are often better suited to private mediation, where sessions are scheduled quickly and a property settlement can be drafted and formalised in one place.
What the mediation fee actually covers
When you pay for private mediation, you're generally paying for more than the session itself. A typical fixed fee covers intake meetings with each party, the mediator's preparation, the mediation session or sessions, and a written record of what's agreed. For parenting matters, an accredited practitioner can also issue the Section 60I certificate you need before applying to court. Formalising the agreement into consent orders may be a separate, modest cost.
Why sharing a mediation fee beats funding a court fight
Here's the comparison that matters. A shared mediation fee usually runs to a few thousand dollars between you. A contested court case means each side funding their own lawyer — often tens of thousands of dollars each, sometimes far more — with no guarantee of the outcome you want. The FCFCOA fee schedule also adds court filing fees on top. Put simply, the question 'who pays for mediation?' is a much smaller question than 'who pays for court?', and resolving by agreement keeps the money with your family rather than spending it on the dispute.
Agreeing who pays before you start
The simplest approach is to settle the question of who pays at the very start, often in the initial consultation, so it never becomes a sticking point. If you can't agree, that's worth knowing too — it can be a useful early signal of where the bigger negotiation may need the most help. Either way, our team sets out the fee and the options clearly before anything begins. Explore the process on our family law mediation page.