Mediation — also called family dispute resolution (FDR) — is a structured, confidential process in which an accredited mediator assists separated parties to resolve disputes about parenting, property, or finances without going to court. It is important because it gives both parties control over the outcome, is significantly faster and less costly than litigation, reduces conflict, and is better for children and families. Most family law matters in Australia are required to go through mediation before court.

In most cases, yes. The Family Law Act 1975 requires parties to make a genuine attempt at family dispute resolution before applying to the Federal Circuit and Family Court of Australia for parenting orders. A Section 60I Certificate from an accredited family dispute resolution practitioner is required to file a parenting application, unless there is a risk of family violence, child abuse, or urgency. Property matters are not subject to the same compulsory requirement but mediation is strongly encouraged.

A mediation session typically begins with the mediator explaining the process and ground rules. Each party has the opportunity to explain their perspective. The mediator then facilitates structured discussion — exploring each party's interests, identifying common ground, and helping generate practical options. If agreement is reached, it can be recorded in a parenting plan or referred to lawyers to formalise as consent orders. If no agreement is reached, the mediator issues a certificate which allows a party to proceed to court.

In mediation, the parties decide the outcome — the mediator has no power to impose a decision. Court proceedings involve a judge making a binding determination after hearing evidence and argument from both sides. Mediation is typically faster (resolved in one or a few sessions), less expensive (lower legal fees and no court costs), more private, and allows more creative and flexible outcomes than court. For most families, mediation is strongly preferable to litigation.

R+M Law's Director, Kevin Robinson, is an accredited Family Law Mediator and Arbitrator with the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM) and the National Mediator Accreditation System (NMAS). He brings a combination of deep family law expertise, empathy, and a pragmatic problem-solving approach to help parties reach workable agreements. Mediation can be conducted as a joint session or as shuttle mediation — whichever is appropriate for the parties' circumstances.

Shuttle mediation is conducted with the parties in separate rooms, with the mediator moving between them to convey proposals and facilitate discussion. It is used in situations involving significant conflict, power imbalances, or where one party feels unsafe or uncomfortable being in the same room as the other — for example, in matters involving a history of family violence. Shuttle mediation is equally effective as joint sessions and ensures that both parties can participate safely and productively.

R+M Law's mediation service can assist with: parenting arrangements including time, communication, and decision-making; property and financial disputes; child support disagreements; and other matters arising from separation. Agreements reached in mediation can be formalised as parenting plans, consent orders, or binding financial agreements — giving them legal effect. Contact us on (02) 6225 7040 to enquire about our mediation services and pricing.

Yes. Family dispute resolution proceedings are protected by confidentiality under the Family Law Act 1975. Statements made during mediation cannot generally be used as evidence in court proceedings. This confidentiality is a cornerstone of mediation — it encourages open, honest discussion and genuine exploration of options without fear that anything said will be used against a party in litigation. There are limited exceptions, such as where there is a risk of harm to a child.

Arbitration is a private dispute resolution process in which an accredited arbitrator — acting like a private judge — hears each party's case and makes a binding determination (called an arbitral award). Unlike mediation, the parties do not decide the outcome — the arbitrator does. Arbitration is faster and more private than court proceedings and is used where parties cannot reach agreement but want a binding decision without the delay and publicity of court. Kevin Robinson at R+M Law is accredited in both mediation and arbitration.