All About Mediation
Mediation is a form of Alternative Dispute Resolution (ADR), which enables the parties to resolve a dispute without going to court. Also known as Family Dispute Resolution (FDR), mediation is conducted by a trained and registered mediator, otherwise known as a Family Dispute Resolution Practitioner (FDRP).
Our team of mediators are qualified in areas of Law, Psychology and Conflict Resolution. They are registered with the Attorney General’s Department and are qualified to issue 60i Certificates. The mediator assists both parties to reach an agreement. Therefore, the mediator is unbiased and does not make judgement in mediated matters.
The mediator’s role is always to remain neutral and cannot provide legal advice to either party. Using various techniques, that mediator will facilitate a conversation that is solution and future focused for all parties involved.
The mediation process is confidential. The Mediator cannot share your personal details with the other party. The mediator cannot share correspondence between yourself and the mediator without expressed permission from you. Whist there is a strict Code of Conduct to which mediators must adhere to, some exceptions do apply with regard to child abuse or criminal activity.
The mediators at Family Mediation Australia understands that each relationship, separation, family and situation is unique. Therefore, each matter is approached individually to best suit the parties involved.
The mediator will assist parties to explore different options that they may have not considered. The mediator does not impose their own view on one or both parties, nor does the mediator make judgement. An agreement is formed when both the parties to the matter agree to the terms of that agreement. Therefore, if an agreement is not reached by both parties, the dispute remains unresolved.
In the event that the matter is unresolved, the parties may attempt to try mediation again. Clients often succeed in reaching an agreement if they return for a second mediation, rather than going to court.
If the parties do not wish to attempt mediation again, in parenting matters one or both parties can request a 60i Certificate in order to take the matter to the Family Court.
How to start mediation
booking your appointment
Starting the mediation process is easy. You can simply select the book button, and from here you can select a date and time that best suit your availability for your individual appointment. If you have questions about the process before booking, please contact Family Mediation Australia on 0499 388 804 or email us via the contact us page.
individual appointments
This appointment is confidential, and no details are given to the other party. Family Mediation Australia allows up to 90 Minutes for this appointment. During this appointment, your mediator will ask you a series of questions that helps to give them a good understanding of your individual situation. Following your appointment, Family Mediation Australia will invite the other party to attend their individual appointment. Both individual appointments are conducted before your mediation appointment can be booked.
mediation
Mediation can be conducted in different ways to suit each individual matter. The Family Mediation Australia team meet and discuss each case before mediation to ensure the best meditation style is applied to your case. During Mediation, each party is encouraged to make and explore different proposals whilst working towards an agreement. Mediation is an opportunity for the parties to reach an agreement that enables you to move forward. If your matter includes Parenting and Property, then you will have two mediation sessions. If you are unable to reach an agreement during your mediation session, a second session can be arranged.
agreement
If an agreement is reached during mediation, your mediator will write up the agreed terms in either a Parenting Plan or a Property Agreement, or both. A copy of this agreement will be sent to both parties.
If an agreement is not reached at mediation, the parties will have the option to book a second session, or in parenting matters, receive a Section 60i Certificate to forward the matter to the Family Court.
You will have the same mediation practitioner to take you through the mediation process. The mediation process is confidential and enables the parties to have control over the decision making, rather than a person you do not know in the Family Court make decisions for you. The best interest of any children involved should be the most important consideration when making decisions.
Things to Know
Role of the Mediator
The role of a Mediator, otherwise known as a Family Dispute Resolution Practitioner (FDRP) is to remain impartial throughout the mediation process or otherwise referred to as FDR, and to provide information and assistance. The mediator may not provide legal advice but may provide general legal information.
Throughout the process the mediator may ask exploratory questions. The mediator has no advisory or determinative role regarding the content of the dispute or the outcome of its resolution. The mediator may advise on or determine the process of mediation whereby resolution is attempted.
The mediator must comply with the privacy principles within the Privacy Act 1988. The mediator must comply with the legislation and regulations that govern the mediation process, otherwise known as the Family Law (Family Dispute Resolution Practitioner) Regulations 2025. The mediator must hold the correct qualifications and registration with the Attorney General’s office.
Confidentiality
Confidentiality during the mediation process is addressed in section 10H of the Family Law Act 1975 and section 53 of the Family Court Act 1997 (WA). Your mediator must not disclose a communication made during mediation unless the disclosure is required or authorised under the Family Law Act.
Confidentiality may not apply where the mediator reasonably believes that the disclosure is necessary for the purpose of:
1. Protecting a child from the risk of physical or psychological harm;
2. Preventing or lessening a serious and imminent threat to the life or health of a person;
3. Reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person
4. Preventing or lessening a serious and imminent threat to the property of a person;
5. Reporting the commission, or preventing the likely commission, of an offence involving intentional damage to the property of a person or a threat of damage to property; or
6. Assisting an independent children’s lawyer to accurately represent a child’s interests.
mediation
Mediation is a process in which the parties to a dispute, can work towards creating a set of agreed terms with the assistance of a registered mediator.
The mediation process helps to identify the disputed issues, develop different options, consider alternatives and endeavour to reach an agreement that sets out the agreed future parenting arrangements.
Mediation generally consist of different stages within the session. These stages may include, setting ground rules, an opening statement, setting an agenda (topics of discussion), making proposals, and negotiating on those proposals, and establishing the agreed terms.
The structure and delivery of Mediation may vary to best suit each individual case. Mediation may be undertaken voluntarily, under a court order, or subject to an existing contractual agreement.
joint or shuttle mediation
A joint or shuttle mediation session is facilitated by the mediator. A joint mediation session enables the parties to speak directly to each other, rather than through the mediator.
A shuttle mediation is where the communication is done via the mediator. Both the joint and the shuttle mediation sessions give the parties an opportunity to discuss and explore solutions.
A joint mediation session can be conducted in a joint conference call with the mediator or via video conference. Sometimes a joint mediation may start as a shuttle mediation whilst formatting the mediation agenda.
During a joint mediation, a party can request a break or an individual break-out session with the mediator if they choose to do so. A joint mediation is only conducted if it is appropriate to do so, and when both parties to the matter are agreeing to a joint mediation session.
Individual pre-mediation (Intake and Assesment)
Under the Regulations, an assessment of each party involved in the Family Dispute Resolution process must be undertaken. This screening process is to determine whether mediation is appropriate, prior to the mediator providing mediation. Therefore, the mediator must be satisfied that this assessment has considered whether the ability of a person to negotiate freely in the dispute as per the Regulations. If, after considering these matters, the mediator is not satisfied that mediation is appropriate, the mediator must not provide mediation.
The individual meetings prior to the joint meeting help to provide a platform for cooperation, as well as help individuals to have a problem-solving conversation that is progressive.
PARENTING AND PROPERTY AGREEMENT
A parenting plan is not a legally enforceable agreement, unlike a Parenting or Property Order which is made by a Family Court. Parties to a parenting plan or property agreement can ask the Family Court to make ‘Consent Orders’ in the terms of that plan.
The Family Court will only make a Consent Order if it is satisfied that the terms of the plan are in the best interests of the child. Consent Orders are legally binding and have the same effect as any other Order made by the Family Court. The parenting or property agreement will detail the agreed terms made at mediation.
Note that there are time limitations with respect to Consent Orders for property matters. These time limitations include, two years after the day of separation for de-facto parties, and one year after the day of divorce for married parties. If your matter falls outside of these time limitations, you may need to apply for special leave from the Family Court.
inadmissibility
Communications made in mediation are not admissible in any court or proceedings, in any jurisdiction under section 10J of the Family Law Act 1975 and section 54 of the Family Court Act 1997 (WA). Additionally, a communication made when a professional consultation is being carried out, on referral from a mediator, is also inadmissible in any court or proceedings in any jurisdiction.
60i certificate
60I Certificates are issued under section 60i of the Family Law Act 1975 (the Family Law Act) and section 66H of the Family Court Act 1997 (WA) as well as regulation 24 of the Family Law (Family Dispute Resolution Practitioners) Regulations 2025. Only accredited mediators (FDR practitioners) can issue section 60I certificates.
The five types of section 60I certificates an FDR practitioner can issue are:
A. the person did not attend FDR due to the refusal or failure of the other person or people to attend.
B. the person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.
C. the people attended FDR, conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.
D. the people attended FDR, conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.
E. the people began FDR, but part way through the practitioner decided it was not appropriate to continue.
The Family Court will generally not hear an application concerning child matters unless the person applying has a 60I certificate from an accredited practitioner. Therefore, if people wish to proceed to court after attempting FDR, practitioners should issue the relevant section 60I certificate to them. Parties should note that consequences may be attached to the issue of a 60I certificate, such as courts may award costs against a party on the basis of failure to attend or not making a genuine effort.
Please note that the Federal Circuit and Family Court of Australia and the Family Court of Western Australia may verify, via the FDR Register, that certificates are issued under section 60I of the Family Law Act 1975 or section 66H of the Family Court Act 1997 (WA) by an accredited mediator (FDR practitioner). The courts will have access to the names of practitioners included on the Register, the organisation for which they provide services and the registration number of the practitioner.