Family & Relationships
Mediation is a structured attempt to resolve a disagreement with help from an independent facilitator. It can be used in different kinds of disputes. Preparing for it means understanding the issues, available information and what authority each participant has to agree.
General information only — not legal advice. This Australian overview is not a statement of every state or territory’s law. Check the jurisdiction and current requirements with an appropriately qualified adviser.
A mediator’s role is different from acting as your lawyer. The suitability of the process, confidentiality arrangements and the legal effect of an outcome need clarification. Safety concerns or unequal access to information should be raised when the process is being assessed.
Organise the following material you already lawfully hold. This is a preparation list, not a complete evidentiary requirement. Ask the verified adviser what they need and how to send it securely.
Keep originals and dates intact. Use a short initial enquiry for a conflict and suitability check before sending sensitive documents.
Prepare an issues list with your priorities, documents supporting each issue and questions you need answered before discussing terms. Ask about the mediator’s role, who may attend and how you can obtain independent advice. Agree what help your own lawyer will provide before, during and after the session.
A discussion about possible terms is different from signing a settlement. Ask how any proposed outcome would be recorded, reviewed and made effective before assuming the session itself finishes the legal work.
Who advises me independently, and how would any outcome become legally effective?
Ask the adviser to explain the assumptions behind the answer, any missing information and what would change the proposed next step. You can request an initial assessment without assuming that full representation is included.
Ask about the rules and design of the particular process. Preparation advice, attendance and review of a proposed agreement can be separately scoped. Explain any safety, language or communication needs when suitability is assessed.
Compare the defined work and exclusions, not just the initial price. Ask about GST, third-party expenses, later stages and what happens if the scope changes. Our legal fees guide explains useful questions, and the comparison worksheet helps record proposals.
For a related legal task, read litigation & dispute resolution. Use both sets of preparation questions if your enquiry spans the two tasks.
Define the work before comparing the fee
Separate the decisions about people, property and safety before asking for a single quote. An adviser may need to assess how the issues interact without treating them as one process.
Mention connected issues when you enquire. One engagement may not cover every part of your situation.
Use these primary resources for background and current pathways. A state-specific resource is an example for that jurisdiction, not a rule for all Australia. Broad regulator and tribunal links do not establish your eligibility or a legal entitlement.
Federal family-law information; check the separate WA arrangements where relevant.
Federal Court jurisdictions and procedure; not all disputes belong in this court.
Our document lists, questions and examples are original editorial preparation prompts. Follow the relevant authority for current requirements and seek individual advice before acting.
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