Family Law Mediation

Mediation - formally known as family dispute resolution (FDR) - is a structured process in which a neutral third party helps separating couples work through disagreements and reach their own agreements. In Australia, attempting family dispute resolution is generally a prerequisite before filing most parenting applications with the Federal Circuit and Family Court.

At Reid+Alexander, we support clients through every stage of the mediation process, from preparation through to formalising any agreements reached. Whether your dispute concerns parenting arrangements, property division, or both, we provide clear advice so you can participate in mediation with confidence.

What Is Family Dispute Resolution?

Family dispute resolution is a form of mediation conducted by an accredited family dispute resolution practitioner (FDRP). The process is voluntary in the sense that neither party can be forced to agree to anything, but attendance is compulsory in most parenting matters before a court application can be made.

During FDR, the practitioner facilitates discussion between the parties, helping them identify issues, explore options, and work toward a mutually acceptable resolution. The mediator does not make decisions or impose outcomes - the parties retain control throughout.

• Sessions may be conducted face-to-face, by video conference, or in a "shuttle" format where parties are in separate rooms.
• Lawyers can attend mediation sessions to provide advice and support, depending on the service provider and the circumstances.
• If agreement is reached, it can be formalised through consent orders or a binding financial agreement to make it legally enforceable.

When Mediation Is Appropriate - and When It Is Not

Mediation works well in many situations, but it is not suitable for every case. Understanding this distinction is important.

Mediation is generally appropriate when:

• Both parties are willing to negotiate in good faith.
• There are genuine areas of disagreement that could benefit from facilitated discussion.
• The power balance between the parties is reasonably even, or can be managed through the process.
• Both parties have sufficient information to make informed decisions.

Mediation may not be appropriate when:

• There is a history of family violence or coercive control that would prevent meaningful participation.
• One party has been deliberately dishonest about their financial position.
• Urgent court orders are needed to protect a child or prevent asset dissipation.
• One party refuses to engage or has consistently acted in bad faith.

How We Support You Through Mediation

Having legal advice before and during mediation significantly improves outcomes. We help you prepare effectively and respond to proposals with a clear understanding of your rights:

1. Pre-mediation advice: We assess your matter, explain the legal framework, and help you identify your priorities and realistic outcomes. We also help you gather any documents or information that may be needed.
2. Representation at mediation: Where the format allows, we attend mediation with you to provide real-time advice, help you evaluate proposals, and ensure your interests are properly represented.
3. Post-mediation formalisation: If agreement is reached, we draft consent orders or a binding financial agreement to ensure the terms are legally enforceable and properly reflect what was agreed.
4. Next steps if mediation fails: If no agreement is reached, we advise you on the best path forward, whether that involves further negotiation, a different dispute resolution process, or court proceedings.

"Mediation gives families the opportunity to shape their own outcomes, rather than leaving decisions in the hands of a judge."

If you are facing a family law dispute and want to explore whether mediation is the right approach, we can provide practical advice tailored to your situation. Contact us to discuss your options.