How mediation works
If you have separated from your partner and you need help to reach an agreement about parenting or property, you can attend mediation, also known as Family Dispute Resolution.
You can go to mediation before or after going to court.
Mediation is a practical way for you and your ex-partner to resolve any disputes about parenting or property without going to court. It is much cheaper and quicker to reach an agreement at mediation than it is to get court orders.
Mediation can be done in person, by telephone or online.
The process
At the start, the mediator will explain how the mediation will run and go over the background and issues in your case.
You and your ex-partner will be given time to talk about any issues that are important to you. You will also be able to talk to the mediator alone. The mediator can’t tell your ex-partner what you have said unless you agree.
Throughout the process, the mediator will help you to:
- identify the issues
- test solutions to the issues to see if they are practical and workable
- try to keep you both on track and focused on the issues.
You can’t bring your child to mediation, but you may bring a support person if your ex-partner and the mediator agree.
If you reach an agreement at mediation, you should put it in writing. For information about how to do this, see:
Confidentiality
Anything you say during mediation is confidential. This means it can’t be used as evidence against you in court or shared with anyone, except where:
- a child is being abused or is at risk of child abuse
- there is a serious and imminent threat to the life or health of a person
- the mediator is assisting an independent children’s lawyer to property represent a child’s interests
- you give your consent to the information being disclosed.
It is an offence to share confidential information from mediation unless an exception applies.
Intake assessment
When you request mediation, you and your ex-partner must complete an intake assessment. Before the mediator can organise a date for mediation, they must check whether your case is right for mediation.
The mediator must consider your individual circumstances and whether your ability to negotiate freely is affected by:
- family violence
- the safety of everyone involved in the mediation process
- unequal bargaining power
- the risk of child abuse
- your emotional, physical and psychological health
- any undue bias or influence on you – by your ex-partner or someone else
- any other matter.
The mediator doesn’t need any written or other evidence of family violence to decide that mediation is not appropriate for this reason.
The mediator will also use the intake to get an understanding of your situation and the nature of your dispute.
If the mediator decides that it is appropriate for you to attend mediation, they will organise a date for mediation and tell you how to prepare for mediation.
The mediator will continue to assess your suitability for mediation through the entire process. This is necessary because your circumstances might change.
If the mediator decides that it is not appropriate for you to attend mediation, they will refer you for legal advice. They may also refer you to other services, including family violence support services, therapeutic or medical services, housing services, and men’s behaviour change programs.
If you have a parenting dispute, they will give you a section 60I certificate so that you can apply for parenting orders.
Section 60I Certificate
In most circumstances, you must file a section 60I certificate with your application for parenting orders.
To get a section 60I certificate, you must contact a mediator about mediation.
A mediator can give you a section 60I certificate if:
- mediation is not appropriate in your case
- someone doesn’t attend mediation
- someone doesn’t make a genuine effort during mediation
- you couldn’t reach an agreement at mediation, despite trying to.
A section 60I certificate is valid for 12 months. If you have a valid section 60I certificate, you can apply for parenting orders. You must file this certificate with your application, unless the court grants you an exemption.
For a sample certificate, see:
If you and your ex-partner reach an agreement at mediation, you won’t be given a section 60I certificate. If you later want to apply for parenting orders, you will need to go to mediation again, unless you are exempt.
Exceptions to attending mediation
Generally, you are not expected to go to mediation if:
- it is not safe to go, or
- you have already tried mediation to resolve your dispute but were unsuccessful.
Parenting
You must go to mediation before you apply for parenting orders, except if:
- you are applying for consent orders
- your case is urgent, for example, you are applying for a Recovery Order
- there are family violence or child abuse allegations
- you or your ex-partner can’t participate effectively in mediation, for example because you are too far away
- your ex-partner breached an order that was made within the last 12 months, and showed a serious disregard for their obligations under that order.
For more information, see Pre-action procedures in parenting cases.
Property
- You must go to mediation before you apply for property settlement or maintenance orders, except if:
- you are applying for consent orders
- your case is urgent, for example your ex-partner is about to sell or dispose of property
- there has been, or is a risk of, family violence
- you would be unduly prejudiced (or unfairly affected)
- you and your ex-partner had a property settlement or maintenance court case in the last 12 months
- your case is about child support or bankruptcy.
Even though you don’t have to go to mediation if you or your ex-partner are bankrupt, you should still try to resolve your dispute before applying to the court for property settlement orders. For more information, see Bankruptcy and property settlements.
For more information, see Pre-action procedures in property cases.
Failure to mediate
You must make a genuine attempt to resolve any disputes with your ex-partner about parenting or property by going to mediation before applying for court orders.
If you refuse to go to mediation for your parenting matter, or don’t make a genuine effort, the mediator may issue a section 60I certificate stating that you did not attend or did not make a genuine effort.
If you or your ex-partner apply for parenting orders, the court may not accept your application and you will have to go back to mediation. The court may also make a costs order against you.
Court ordered mediation
If your case goes to court, you will usually be ordered to go to mediation. Generally, this will happen at the beginning of the case, or after an interim hearing. However, the court can order you and your ex-partner to go to mediation at any time during the case.
The mediation can be conducted by:
- a Registrar
- Legal Aid NSW
- Family Relationship Centre, or
- private mediator.
A mediation can be done:
- face-to-face
- online, or
- telephone.
The court can make orders to prepare your case for mediation. It is important that you comply with court orders, including about mediation. If you don’t, your case may be delayed, and you may be ordered to pay your ex-partners legal costs.
For more information, see the fact sheet Court-based Family Dispute Resolution on the Federal Circuit and Family Court of Australia website.
Dispute Resolution Report
If you attend court-ordered mediation, the mediator will prepare a report to the court that states whether you and your ex-partner:
- attended mediation
- made a genuine effort to resolve the issues in your dispute, and
- reached an agreement.
This report will be added to the court file and will be available to the Judge. The Judge can take this report into account when making orders in your matter, including costs orders. For this reason, it is important that you attend mediation and make a genuine attempt to resolve your dispute.
Preparing for mediation
To prepare for mediation, you should:
- read any important documents, such as proposed parenting agreements or property settlements
- get legal advice
- get financial advice to understand what you can agree to in a property settlement
- complete the financial disclosure process, if you are negotiating a property settlement
- speak to a counsellor
- arrange for someone to care for your child while you are at mediation.
It is important that you prepare an offer of settlement with clear terms. And that you understand what might happen if your case goes to court.
What to bring
You should bring:
- any notes about what you want to say to the mediator
- any important documents
- a notepad and pen
- water.
How you must act at mediation
During any mediation, you must act in a sensible and responsible manner.
Throughout the process, you must:
- consider the best way to identify and resolve the issues in dispute
- avoid protracted, unnecessary, hostile and inflammatory interactions
- disclose all information relevant to your case.
You must not use mediation for an improper purpose, such as to harass your ex-partner or delay your case.
The mediator must stop the mediation if:
- it is no longer appropriate in the circumstances, or
- you or your ex-partner ask them to.
Mediation services
You can go to mediation with:
- a Family Relationship Centre
- the Family Relationships Advice Line
- Legal Aid NSW (our mediation)
- a private mediator.
The cost of mediation varies depending on what service you use. Going to mediation is far cheaper and quicker than going to court.
Our mediation
We run mediation to help people with their parenting and property settlement negotiations. If you are eligible for our mediation, we will give you a lawyer who will:
- go to mediation with you
- give you advice and support during negotiations, and
- help you to put an agreement into writing.
You don’t have to pay an up-front fee for our mediation.
However, if you get a cash payment of $30,000 or more in your property settlement you must help pay for the cost of your lawyer.
To find out whether you are eligible for our mediation, call 1300 888 529.
Other services
There are other services that also run family law mediation. To find another service, see:
- Find local help on the Family Relationship Online website
- Family Relationship Advice Line on the Family Relationships Online website or call 1800 050 321
- Family Dispute Resolution Register on the Family Relationships Online website.
Documents
Legal Aid NSW resources
Last updated: September 2026
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