Questions
The questions people actually ask.
Grouped by subject. Everything here is general information rather than advice about your circumstances — but most of it is what we would say on the phone anyway.
If your question is not here, the twenty-minute call costs nothing and is usually faster than reading.
Mediation
About mediation itself
What it is, who runs it, and what it can and cannot do.
What is family mediation?
A structured, confidential process in which separating people work with an independent practitioner to resolve disputes about children, property or finances without going to court. The practitioner does not decide anything and does not advise either party. They identify the issues, help generate options, manage the conflict, and keep the negotiation moving in a sequence that actually produces agreement.
What is the difference between mediation and family dispute resolution?
In ordinary use they mean the same thing. Strictly, "family dispute resolution" is the statutory term for mediation conducted by a practitioner registered under the Family Law Regulations, and only a registered practitioner can issue a section 60I certificate. All our mediations are conducted on that basis, so the distinction does not change anything for you.
Is mediation voluntary?
Agreement is always voluntary — nobody can be made to settle. Attendance is more complicated. Without a certificate you generally cannot file for a parenting order, a court can order parties into dispute resolution before listing a matter, and refusing to attend produces a certificate recording that refusal, which the court sees. So in practice there is more pressure to attend than the word "voluntary" suggests.
How long does it take?
Intake and both pre-meetings usually take two to three weeks to arrange around everyone's availability. The joint session is a single day or half day. Simple parenting matters resolve in one session; a large or contested asset pool sometimes needs a second. From first call to signed outcome is commonly four to six weeks — against a year or more for a defended hearing.
What happens if we do not reach agreement?
Partial agreements are common and worth having: reducing six issues to two makes any later hearing shorter and cheaper. Nothing said in the session can be used against you afterwards. In a parenting matter a certificate issues regardless, so you are not blocked from filing. You also leave with disclosure complete and the real issues identified, which is a better starting position than most parties manage.
Is mediation appropriate where there has been family violence?
Sometimes, and sometimes not. Family violence is a statutory exception to the certificate requirement, so you may be able to file without attending at all. Where mediation can proceed safely it proceeds shuttled — separate rooms, staggered arrival and departure, parties never meeting — or online. Where it cannot, we say so at intake rather than after taking a fee. Tell us early; it changes the assessment, not your standing.
What is shuttle mediation?
The parties stay in separate rooms, or separate virtual rooms, and the practitioner moves between them carrying offers, questions and explanations. It is slower than a joint session and it is the right choice wherever being in one room would be unsafe, intimidating, or simply so charged that nothing useful would be said.
Can we mediate in Portuguese?
Yes. Intake, pre-meetings, the joint session and the documents can all be conducted in Portuguese, in English, or bilingually where each of you is more comfortable in a different language. This is the practitioner working directly in both, not an interpreter sitting beside a mediator.
Section 60I
Certificates and filing
The gate between you and a parenting application.
What is a section 60I certificate?
A document issued by a registered family dispute resolution practitioner recording that dispute resolution was attempted, or that it was not appropriate to attempt. Under s60I(7) you generally cannot apply for a parenting order without filing one. It records what happened — it is not a finding about who was right.
How long is it valid?
An application must be filed within 12 months of the date the certificate was issued. Leave it longer and you must return to dispute resolution before you can file. This catches people who obtain a certificate "to have it ready" and then keep negotiating.
Do I need one for a property matter?
No — section 60I applies to parenting orders only. Property applications are instead subject to the pre-action procedures in Schedule 1 of the Court Rules, which require a genuine effort to resolve the dispute, including through dispute resolution, before filing. Non-compliance can be taken into account, including on costs.
What if the other party refuses to attend?
Their refusal does not block your application. After reasonable attempts to involve them, a certificate issues recording that they did not attend, and you can file. That is the first of the five kinds under s60I(8).
Can I get a certificate without actually mediating?
Not as a product you buy. A certificate is a by-product of attempting dispute resolution, and the practitioner must genuinely attempt to involve the other party first. Where intake shows mediation would be unsafe or futile, a certificate issues on that basis — but that is an assessment, not a shortcut on request.
Children
Parenting arrangements
What gets decided, how it gets documented, and what a court looks at.
What is a parenting plan?
A written, dated and signed agreement between parents about arrangements for their children — where they live, time with each parent, communication, schooling and so on. It is not enforceable, but a court must consider the most recent one when making a parenting order. Many parents deliberately start here because it can be changed without going back to court.
What is the difference between a parenting plan and consent orders?
Enforceability. A plan is a private agreement you cannot bring a contravention application on. Consent orders are made by the court on the papers — nobody attends — and are enforceable like any other order. If you want the arrangement to bind, it needs to be orders.
How does a court decide parenting arrangements?
The child's best interests are the paramount consideration. The court weighs safety, the benefit of a meaningful relationship with both parents, the child's views where appropriate, each parent's capacity, and the practical realities of the households. Australian law gives no automatic preference to mothers or fathers.
Do the children attend the mediation?
Not in the room. Where it would help, a child's views can be gathered by a suitably qualified child consultant and brought into the mediation — child-inclusive practice. That is a separate engagement at a separate cost, and both parents have to agree to it.
Can I move interstate or overseas with the children?
Not unilaterally, if it would significantly affect the other parent's time. You need their consent or a court order. Relocation is one of the hardest categories in family law and one of the most worthwhile to mediate, because a negotiated relocation can be structured — travel, costs, extended blocks of time — in ways a court order rarely matches.
What happens if someone breaches the arrangement?
A parenting plan cannot be enforced. Orders can: the other parent can apply to the court, which may require make-up time, vary the orders, or impose consequences. Whether a contravention application or an enforcement application is the right route is a question for your own solicitor.
Property
Property and finances
How a settlement is actually worked out, and what the deadlines are.
How is a property settlement decided?
In practice the court identifies and values the pool of assets and liabilities; assesses each party's contributions, financial and non-financial, including as homemaker and parent; considers future needs under s75(2) for married couples or s90SF(3) for de facto ones; and asks whether the overall result is just and equitable. Mediation does not bypass that framework — it negotiates within the range the framework produces.
How long do I have?
Twelve months from a divorce order taking effect, for married couples. Two years from separation, for de facto relationships. Outside those periods you need the court's leave, which is neither automatic nor cheap. Note that you can start long before — there is no waiting period on settling property.
What happens to superannuation?
It is treated as property and can be split, but only by a court order or a financial agreement — you cannot simply agree it privately. Defined-benefit interests must be valued under a prescribed method rather than read off a member statement, and getting that wrong means settling on the wrong number.
What is the duty of disclosure?
Each party must give full and frank disclosure of their financial circumstances — income, assets, liabilities, superannuation — and the duty is ongoing, not a one-off. An agreement reached on an understated pool can be set aside, which means concealment usually buys nothing but delay and costs.
Consent orders or a binding financial agreement?
Consent orders are usually the better instrument: filed on the papers, no attendance, enforceable as a court order. A binding financial agreement is a private contract outside the court's jurisdiction, requires independent legal advice for each party, and can be set aside on specific grounds. An agreement is more often the answer where a court would be unlikely to make the orders you both actually want.
What about assets in Portugal or overseas?
Foreign assets form part of the pool for Australian purposes. What differs is enforcement and the mechanics of transferring title. A settlement that cannot actually be implemented in the other jurisdiction is a settlement on paper only — which is why this is handled inside the mediation here rather than referred out.
Does the family home go to whoever stayed in it?
No. Leaving does not forfeit your interest, and being the one who stayed does not create one. The home is part of the pool like everything else. Where one party wants to retain it, the agreement has to deal with what happens if the refinance is declined — an agreement that assumes finance will be approved has a hole in it.
Cost
Fees and value
What it costs, how it is charged, and what you are comparing it against.
How much does mediation cost?
It is a fixed fee for the whole process, not an hourly rate — quoted in advance and confirmed in writing in your costs agreement before anything is booked. Current figures are on the booking page. The fee covers the practitioner's reading time, both pre-meetings and room hire.
Who pays?
Fees are shared equally between the parties unless you agree otherwise. The pre-meeting is charged separately per party, so if either of you decides not to continue there is no cost for a joint session that was never going to happen.
Is the first call really free?
Yes — twenty minutes, no charge, no obligation to book anything afterwards. If what you describe means mediation is the wrong instrument, we will tell you that on the call rather than book you in.
How does it compare to going to court?
A contested parenting or property matter runs into tens of thousands of dollars before it reaches a trial, spread across interlocutory steps, affidavits, experts and counsel. A mediation is a single fixed fee. Even where mediation only narrows the issues, it usually shortens what follows.
Do we each need our own lawyer?
Not to mediate — the practitioner is neutral and does not advise either of you. Lawyers often attend the joint session and it frequently helps, particularly where the pool is complex. For a binding financial agreement, independent advice for both parties is a statutory requirement.
On the day
Practicalities
What actually happens, and what to bring.
What happens in the pre-meeting?
An hour with the practitioner, alone and confidentially. What the dispute is from your side, what you actually need as distinct from what you have been asking for, which documents will matter on the day, and a frank view of the range a court would likely produce. It is also where suitability and safety are assessed.
Will I have to be in the same room as them?
Only if you both agree to it and it is appropriate. Shuttle mediation — separate rooms throughout, staggered arrival and departure — is available as standard, and online sessions are too.
What should I bring?
For property, whatever disclosure has been exchanged plus anything the pre-meeting identified as missing. For parenting, a realistic calendar: school terms, your actual working hours, and the practical constraints that will decide whether an arrangement survives contact with a Tuesday.
How long is the day?
A full-day session runs about seven hours, a half day four, and a parenting-only session three. Settlements cluster late in the day, so plan for the whole of it — arrangements that require you to leave at three are arrangements that cost you leverage.
What happens immediately after we agree?
Heads of agreement are drafted and signed before anyone leaves, wherever the matter allows. An agreement everyone intends to document next week is an agreement with a weekend in the middle of it. From there it becomes a parenting plan, consent orders or a financial agreement.
Is everything I say confidential?
Communications in family dispute resolution are confidential under s10H and inadmissible in court under s10J, with narrow exceptions — principally a serious threat to someone's life or health, or an indication that a child has been abused or is at risk. Note that confidentiality does not make a document privileged: a bank statement produced at mediation is still disclosable, because the duty of disclosure is independent of the mediation.
Still have a question?
Twenty minutes on the phone will answer more than this page can, and it costs nothing. We will also tell you plainly if mediation is not the right instrument for your matter.