Mediation and dispute resolution

Mediation can occur in different forms depending on the nature of the dispute.

Family Dispute Resolution (FDR)

Family Dispute Resolution is a structured mediation process and in most cases is a required step before Court proceedings can be commenced. It is conducted by an accredited Family Dispute Resolution Practitioner, typically through a community‑based organisation or private provider.

FDR is often conducted in a relatively informal setting, either in person at a mediation centre or remotely via telephone or video conference. The parties may attend together, or in separate rooms where concerns about conflict or safety arise. In most cases, lawyers are not present, although parties may obtain legal advice before or after the process.

A key feature of FDR is that it is confidential, meaning discussions cannot be used later in Court. At the conclusion of the process, the practitioner issues a certificate confirming whether mediation was attempted or whether it was not appropriate. This certificate is usually required before filing proceedings in the Court, unless an exemption applies.

Private mediation

Private mediation is commonly used in financial matters and parenting disputes, particularly where parties are legally represented. It is typically arranged by agreement between the parties, with a jointly appointed independent mediator, often an experienced family law practitioner or barrister.

Private mediation is usually held in professional settings such as:

• mediation suites;

• barristers’ chambers; or

• law firm offices

although it may also be conducted remotely where appropriate.

Both parties will attend with their respective lawyers and/or barristers and in some cases, additional professionals may be involved, such as accountants or valuers where financial issues are complex. The process is more structured than FDR and often involves detailed negotiation supported by legal advice throughout.

The mediation will commonly begin with an outline of the issues in dispute, followed by negotiation through either joint sessions or “shuttle mediation”, where parties remain in separate rooms and proposals are exchanged through the mediator. This allows for more controlled and strategic discussions, particularly where there is a higher level of conflict.

Private mediation is also confidential and without prejudice, meaning that any offers made cannot be relied upon in Court if the matter does not resolve. This allows parties to explore settlement options more freely.

Because legal advice is available during the process, private mediation is often highly effective in resolving disputes, particularly in matters involving complex asset pools, business interests or competing financial claims.

Court‑based dispute resolution

Once Court proceedings have commenced, parties will usually be required to participate in Court‑based dispute resolution processes, which form part of the Court’s case management approach.

These processes include:

• conciliation conferences (primarily for financial matters);

• mediation conducted by Court‑appointed registrars; and

• judicial settlement conferences

Court‑based dispute resolution is typically held at the Court building or conducted electronically via video link. The process is more formal than FDR or private mediation, although it remains focused on resolution rather than adjudication.

Parties are generally required to attend with their legal representatives, and the matter will often proceed on the basis that:

• each party has filed evidence;

• financial disclosure has been exchanged; and

• the issues are clearly defined

This allows for more informed and realistic negotiation.

A registrar or judicial officer will facilitate the discussions and may provide guidance about how the Court may approach the issues, which can assist parties in assessing risk and adjusting their positions. While the mediator does not make a decision, this form of intervention can be influential in progressing settlement discussions.

Court‑based dispute resolution processes are also conducted on a without prejudice basis, meaning that negotiations remain confidential and cannot be used in the final hearing if the matter does not resolve.

It is also common for matters to resolve at or shortly after these events, as parties have a clearer understanding of the strengths, risks and likely outcomes if the matter proceeds to trial.