Family mediation Brisbane: calm, practical help to resolve your Family Law matter
We prepare you for mediation, help you understand your options, and turn any agreement into the right legal documents where possible.
Family mediation is a process where you and your former partner work with an independent mediator to try to resolve parenting, property or wider Family Law matters without going straight to court. It covers two common paths: family dispute resolution for parenting disputes, and mediation or negotiation for property and financial matters.
According to Relationships Australia’s Family Dispute Resolution Outcomes Study, almost two thirds of participants reached a full or partial agreement on one matter or more. Mediation is not suitable for every situation, but where it is safe and appropriate, it can help narrow the issues and reduce the need to go to court.
Family mediation, family dispute resolution and section 60I certificates: what's the difference
Family mediation and family dispute resolution are related, but they are not identical. Family dispute resolution, often called FDR, is the process most parents must attempt before applying to the Federal Circuit and Family Court of Australia for parenting orders. Family mediation is the broader term, and can also include voluntary mediation for property, financial and other separation issues.
When family dispute resolution is compulsory
If a family is affected by separation and there is a dispute about the care of children, the law generally requires the parties to make a genuine effort to resolve the dispute through family dispute resolution before filing an application for parenting orders. If no exemption applies, a section 60I certificate is usually needed before the court can determine a parenting matter.
The exceptions to family dispute resolution
There are exceptions to the family dispute resolution requirement. These may apply where there is family violence, risk of child abuse, urgency, or another reason the process is not appropriate. If safety is a concern, get advice before agreeing to sit in the same room or attend a joint session.
What a section 60I certificate does and doesn’t do
A section 60I certificate confirms what happened in family dispute resolution. It may confirm that a person attended and made a genuine effort, that the other person did not attend, or that family dispute resolution was not appropriate. It does not decide who is right, and it is not the same as a parenting order.
There is no section 60I certificate for property disputes. For financial or property matters, the court rules still generally require parties to take genuine steps to resolve or narrow the issues before starting proceedings, unless an exemption applies.
What happens in a family mediation session
Every mediation looks a little different, but the shape of the process is usually similar.
Preparing you before you walk into the room
We meet with you beforehand to understand your situation, your options, the documents you may need, and what a realistic outcome could look like.
Supporting you during the mediation
Where appropriate and permitted, we can attend mediation with you. Mediation may take place in person, by video, in a joint session, or in shuttle format where each party is in a separate room.
Recording what you agree
Reaching an agreement is only part of the process. Depending on what has been agreed, the next step may be a parenting plan, Consent Orders, or a Binding Financial Agreement. A parenting plan is flexible but not enforceable as a court order, while Consent Orders and Binding Financial Agreements can give the agreement legal effect.
Parenting mediation: reaching arrangements for your children
Parenting mediation deals with where children live, how time is shared between homes, and how major decisions about health, education and welfare are made. It is a form of family dispute resolution and is generally required before a parent can ask the court for parenting orders.
Good parenting mediation keeps the focus on your children and the practical arrangements they need. Our Family Law team can help you prepare for parenting mediation and record what you agree on as a parenting plan or Consent Orders if you want the arrangement to be enforceable.
Divorce and property mediation: resolving your financial settlement
Divorce mediation can be a misleading phrase. A divorce order only ends your marriage. It does not divide your property, superannuation or debts. If you need to work out who keeps what, property settlement mediation may help you resolve the financial side without contested court proceedings.
Financial mediation is not governed by section 60I, but the Family Law rules generally expect parties to take genuine steps to resolve or narrow the issues before filing in court. We can help you prepare for mediation and turn a successful outcome into Consent Orders or a Binding Financial Agreement where appropriate.
How we work
Our process is clear and practical: four steps, no surprises.
1. Listen to what is happening
Your first conversation is confidential and unhurried. We take the time to understand your relationship, your children, your finances and the outcome you want before we give advice.
2. Explain your options in plain English
We set out the realistic pathways and explain what each option involves before you commit. No legalese, no jargon.
3. Give you honest timeframes and costs
We tell you up front how long each step is likely to take and what it may cost. We also explain any funding options that may be relevant, so there are no surprises.
4. Keep you updated at every stage
You leave with a clear plan and next steps. From there, we keep you updated proactively as your matter progresses.
Family mediation frequently asked questions
What is family mediation?
Family mediation is a process where you and your former partner work with an independent mediator to try to reach an agreement on parenting, property or other Family Law matters without going straight to court. The mediator does not decide the outcome for you. Their role is to help both people discuss the issues and work towards an agreement where possible. Our Family Law team can prepare you before mediation and help turn any agreement into the right legal documents.
What is a section 60I certificate and when do I need one?
A section 60I certificate is a document issued by an accredited family dispute resolution practitioner, and you generally need one before you can apply to court for parenting orders. The certificate confirms what happened in family dispute resolution, such as whether both people attended, whether a genuine effort was made, or whether family dispute resolution was not appropriate. It does not decide who was right or wrong. We can explain what your certificate means and what step may come next.
Is family mediation compulsory before I can go to court?
Family mediation is compulsory before court in most parenting matters, because parents generally need to make a genuine effort through family dispute resolution before applying for parenting orders. Exceptions may apply where there is family violence, risk of child abuse, urgency, or another reason family dispute resolution is not appropriate. Property and financial disputes work differently: there is no section 60I certificate, but parties are generally expected to take genuine steps to resolve or narrow the issues before filing.
Can family mediation help with property and financial settlements, not just children?
Family mediation can help with property and financial settlements, not only parenting arrangements. Many separating couples use mediation to discuss how assets, superannuation, liabilities, business interests or trust interests should be dealt with. If an agreement is reached, the next step is usually to document it properly, often through Consent Orders or a Binding Financial Agreement. Our Family Law team can help you prepare for property settlement mediation and formalise any agreement reached.
What happens if my former partner refuses to attend mediation?
If your former partner refuses to attend mediation for a parenting matter, the family dispute resolution practitioner may issue a section 60I certificate confirming non-attendance. That certificate may allow you to apply to the Federal Circuit and Family Court of Australia for parenting orders, if no further family dispute resolution is required. For property matters, refusal to engage may form part of the record of genuine steps taken before filing. We can help you document what happened and plan the next step.
Do I need a lawyer at family mediation?
You do not have to have a lawyer at family mediation, but legal advice before mediation can help you understand your options, risks and likely outcomes. In some mediations, a lawyer can attend with you if the mediator permits it and it suits the process. In other cases, we prepare you beforehand and review any proposed agreement before you sign. The aim is to make sure you understand what is being agreed and how it may affect you later.
How much does family mediation cost in Brisbane?
The cost of family mediation in Brisbane depends on the mediator, the type of dispute, the length of the mediation and whether lawyers attend. Some government-funded services, including Family Relationship Centres, offer free or low-cost family dispute resolution, while private mediators usually charge fees. Kelly Lawyers offers fixed-fee initial consultations, and we provide a written estimate for further work once we understand your situation.
Can family mediation be done over Zoom, or does it have to be in person?
Family mediation can often be done by video, phone or in person, depending on the mediator, the issues and any safety concerns. Some mediations also use shuttle format, where each person is in a separate room or separate online space and the mediator moves between them. If you are not comfortable being in the same room as your former partner, we can help you understand whether video or shuttle mediation may be appropriate.
What happens once we reach an agreement at mediation?
Once you reach an agreement at mediation, the next step is to record it in a form that suits the issue and gives you the right level of certainty. Parenting arrangements may be recorded in a parenting plan or formalised as Consent Orders. Property or financial agreements may be documented as Consent Orders or a Binding Financial Agreement. An agreement reached in discussion is not always enforceable on its own, so getting advice before signing is important.
These FAQs are general information only, not legal advice for your situation. Every matter is different, and the right next step depends on your circumstances. For advice tailored to you, please speak with our team.
Speak with a Brisbane family mediation lawyer today
Whether you are preparing for parenting mediation, family dispute resolution or property settlement mediation, a confidential call with Kelly Lawyers is a good place to start. Send us a confidential enquiry online or call our Ascot office on (07) 3268 7199.
Kelly Lawyers | Ascot, Brisbane Northside | Servicing Clayfield, Hamilton, Nundah, Kedron, Stafford and Chermside.