Family
Mediation
Resolving parenting and property disputes outside the courtroom — faster, cheaper, and less adversarial than litigation.
Mediation
Mediation (family dispute resolution) is compulsory before you can apply to court for parenting orders in Australia. A Section 60I certificate from an accredited family dispute resolution practitioner is required to file proceedings in the Federal Circuit and Family Court. We advise clients before and during mediation to help them achieve an outcome that works — and to ensure any agreement is properly recorded and enforceable.
Understanding your legal position before mediation is critical. We advise on what you are entitled to, what outcomes are realistic, and what to accept or reject — so you are not negotiating blind. Pre-mediation advice applies to both parenting matters and property disputes. Entering mediation without legal advice puts you at a significant disadvantage, and any agreement reached must be formalised as consent orders or a binding financial agreement to be enforceable.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
Free initial consultation. We offer a free 30-minute initial consultation for all family law matters. Call (03) 9741 3777 or book online to get started.
Mediation is the compulsory first step for most parenting disputes. Where parents reach agreement, we draft a parenting plan that records the arrangements clearly — covering the regular schedule, holidays, schooling, and how major decisions will be made. A plan drafted by a lawyer is more comprehensive and creates less room for future dispute.
Parenting plans — full details →Property disputes can also be resolved through mediation — avoiding the cost, delay, and uncertainty of court proceedings. Any agreement reached can be formalised as consent orders or a binding financial agreement. We advise on your entitlements before you enter mediation so you negotiate from a position of knowledge.
Property settlement — full details →If mediation is unsuccessful or the other party refuses to participate, an accredited mediator issues a Section 60I certificate — which allows you to file parenting proceedings in the Federal Circuit and Family Court. We advise on the next steps and represent you in court when resolution outside it is no longer possible.
Parenting disputes — full details →Resolution first.
Court when necessary.
Court proceedings are expensive, slow, and unpredictable. Wherever possible, we aim to resolve family disputes through mediation — reaching an outcome both parties can live with, without handing decision-making to a judge.
Good legal advice before mediation changes outcomes. We ensure you know what you are entitled to, what is worth fighting for, and what it would cost to litigate instead. That perspective helps you make clear-headed decisions under pressure.
Under section 60I of the Family Law Act, attempting family dispute resolution is compulsory before filing parenting proceedings — except where family violence, child abuse, or urgency applies. If mediation fails or one party refuses to participate, the mediator issues a Section 60I certificate that allows proceedings to be filed. When that point is reached, we move quickly to represent you in court.
Mediation FAQs
Family dispute resolution (FDR) is a process where a neutral, accredited practitioner helps separating couples negotiate and reach agreement on parenting and property matters without going to court. It is less formal, less expensive, and faster than litigation. The practitioner does not make decisions — they facilitate the conversation and help the parties find common ground.
For parenting disputes, yes. Under section 60I of the Family Law Act 1975, you must make a genuine attempt at family dispute resolution before applying to court for parenting orders. You will need a Section 60I certificate to file proceedings. Exceptions apply where there is family violence, child abuse, urgency, or the other party cannot be located. Mediation is not compulsory for property disputes but is strongly recommended.
The accredited practitioner meets with both parties (either together or in separate rooms for shuttle mediation) and facilitates discussion of the issues in dispute. Each party explains their position and needs. The practitioner helps identify areas of agreement and works toward a resolution. If agreement is reached, it is recorded — but it is not legally binding until formalised as consent orders or a binding financial agreement.
Lawyers typically do not attend mediation sessions, but getting legal advice before and after is strongly recommended. Pre-mediation advice ensures you understand your rights and what you are agreeing to. Post-mediation, a lawyer formalises the agreement into consent orders or a binding financial agreement that is actually enforceable. Entering mediation without legal advice puts you at a significant disadvantage.
If the other party refuses to attend or fails to participate genuinely, the family dispute resolution practitioner can issue a Section 60I certificate reflecting this. That certificate allows you to file court proceedings. A party's refusal to mediate may also be taken into account by the court when considering costs orders.
Yes. Mediation can be used to resolve both parenting and financial/property disputes. While it is only compulsory for parenting matters, it is frequently used for property matters too — and is typically far cheaper and faster than contested court proceedings. Any property agreement reached at mediation must be formalised as consent orders or a binding financial agreement to be enforceable.
A Section 60I certificate is issued by an accredited family dispute resolution practitioner after an FDR session. It must be filed with the court when applying for parenting orders. Different certificate types are issued depending on whether both parties attended, whether a genuine attempt at resolution was made, and the reason why resolution was not reached. We advise clients on what each certificate type means for their court application.
The cost of the mediation session itself is charged by the family dispute resolution provider — fees vary. Legal advice before and after mediation is charged separately. The total cost of resolving a dispute through mediation is almost always substantially less than contested court proceedings. We discuss our fees upfront at your first consultation. Call (03) 9741 3777 for details.
For parenting matters: details of current living arrangements and proposed arrangements for children, school and activity schedules, and any existing parenting orders or plans. For property matters: financial statements, property valuations, superannuation statements, and details of all assets and debts. Most importantly, have a clear picture of what outcome you are seeking before you walk in — discuss this with your lawyer beforehand.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
Get advice before mediation.
Your first 30 minutes is free. Understanding your rights before you negotiate makes all the difference.