If you're about to attend Family Dispute Resolution (mediation) for the first time, you're probably wondering: what actually happens in there?

Will it be awkward?

Confrontational?

Formal?

Understanding the process helps you prepare effectively and approach mediation with realistic expectations rather than unnecessary anxiety.

Before the Mediation Session

Initial Consultation

Before the joint mediation session, you'll typically have an individual consultation with the mediator (either by phone or in person).

This allows the mediator to:

• Understand your situation and what issues need resolving

• Assess whether mediation is appropriate and safe

• Explain the process and answer your questions

• Check whether there are any family violence concerns
  
  

Get Legal Advice

You should obtain independent legal advice before mediation so you understand:

• Your legal rights and entitlements

• What outcomes are realistic

• What you're willing to compromise on

Mediators don't provide legal advice—they facilitate negotiation. You need your own lawyer for advice.

Gather Information

Bring relevant documents:

• Financial information (if discussing property)

• Parenting schedules or proposals (if discussing children)

• Any court orders or documents already in place
  
  
  

The Physical Setup

Mediation typically happens in one of two ways:

Joint Session:

Both parties sit in the same room with the mediator. This is most common when there's no safety concerns and parties can communicate respectfully.

Shuttle Mediation:

Parties sit in separate rooms and the mediator moves between them.

This is used when:

• There's a history of family violence

• Power imbalances make joint sessions inappropriate

• Parties can't communicate without high conflict

The mediator will decide which format is most appropriate based on your circumstances.

How the Session Starts

The mediator will:

• Explain the process and ground rules

• Confirm that participation is voluntary

• Explain confidentiality (what's said in mediation generally can't be used in court)

• Set expectations about respect and communication

• Outline what issues will be discussed

This usually takes 10-15 minutes and helps everyone understand how the session will work.

Discussing the Issues

The mediator will guide discussion through the issues that need resolving:

For Parenting Matters:

• Current living arrangements

• Proposed parenting schedules

• School holidays and special occasions

• Decision-making about education, health, religion

• Communication between parents

• Specific concerns or priorities
  
  

For Property Matters:

• What assets and debts exist

• How each party contributed

• Future needs of each party

• Proposed division options

• Superannuation splitting

• Who keeps what assets
  
  
  

The Mediator's Role

The mediator does not:

• Make decisions for you

• Tell you what's "fair"

• Provide legal advice

• Take sides

The mediator does:

• Facilitate conversation between parties

• Help identify common ground

• Reality-test proposals

• Keep discussions focused and productive

• Manage conflict if it arises

• Help generate options

You and your ex-partner make the decisions—the mediator just helps you communicate effectively and explore solutions.

What If We Disagree?

Disagreement is normal and expected—that's why you're in mediation. The mediator will:

• Help each party explain their position

• Identify where you do agree (there's usually more common ground than people realize)

• Explore creative solutions that might work for both parties

• Reality-test unrealistic expectations

Mediation isn't about "winning"—it's about finding workable solutions both parties can live with.

Private Sessions

The mediator might meet with each party individually during the session.

This allows you to:

• Discuss concerns you're uncomfortable raising in front of your ex

• Reality-test your position privately

• Explore what you're willing to compromise on

Anything said in private sessions stays private unless you agree the mediator can share it.

If You Reach Agreement

If you reach full or partial agreement:

The mediator will document the agreement in writing (usually a summary of what was agreed).

For parenting matters, you can then:

• Apply for consent orders through the Family Court (makes the agreement legally binding)

• Keep it as an informal parenting plan (not legally enforceable)

For property matters, you'll need:

• Legal advice about the agreement

• Consent orders or a Binding Financial Agreement to formalise it
  
  
  

If You Don't Reach Agreement

Not all mediations result in full agreement—and that's okay.

If mediation doesn't resolve everything, the mediator can issue a Section 60I certificate, which allows you to:

• Apply to the Federal Circuit and Family Court for parenting orders

• Proceed with court proceedings

Partial agreements still help—even if mediation doesn't resolve everything, narrowing the issues saves time and money in court.

How Long Does Mediation Take?

• Half-day sessions: 3-4 hours

• Full-day sessions: 6-7 hours

• Multiple sessions: Sometimes needed for complex matters

Simple matters might resolve in one short session. Complex property or high-conflict parenting matters might need multiple sessions.

What Should You Bring?

• Relevant documents (financial records, proposed parenting schedules)

• Notes about your priorities and concerns

• An open mind and willingness to compromise

• Realistic expectations based on legal advice you've received
  
  
  

What Shouldn't You Do?

• Don't ambush the other party with new information

• Don't make threats or ultimatums

• Don't expect to get everything you want

• Don't treat the mediator as your advocate

• Don't agree to things you can't actually do
  
  
  

After the Mediation

If you reached agreement:

• Get legal advice about the agreement before finalizing it

• Follow through on next steps (consent orders, financial arrangements)

• Stick to what you agreed

If you didn't reach agreement:

• Consider what was proposed and whether you can reconsider your position

• Obtain legal advice about your court options

• The mediator will issue a Section 60I certificate if appropriate
  
  
  

Is Mediation Right for You?

Mediation works best when:

• Both parties are willing to negotiate

• There are no serious safety concerns

• You want to maintain some control over the outcome

• You want to avoid the cost and stress of court

Mediation doesn't work when:

• There's ongoing family violence

• One party refuses to engage genuinely

• Urgent court orders are needed
  
  
  

Prepare for Mediation with Confidence

Understanding what happens in mediation helps you prepare effectively and approach it with realistic expectations.

Munce Legal provides both pre-mediation legal advice and mediation services, helping Sunshine Coast families resolve disputes efficiently.

Book a Free 30 Minute Consultation to discuss whether mediation is right for your situation and how to prepare effectively.