Family Law Mediation

Going to court is not the only way — and rarely the best first way — to resolve a family law dispute. Mediation, also known as Family Dispute Resolution (FDR), gives separating couples a structured, confidential process to reach their own agreement with the help of a neutral mediator. At Bruce Dulley Family Lawyers we guide Brisbane clients through mediation, advising and supporting you before, during and after the process so that any agreement you reach is fair, informed and durable.

Mediation is a process in which an independent, trained third party — the mediator — helps both people discuss the issues in dispute and work towards a resolution. The mediator does not take sides, does not give legal advice, and does not impose a decision. Instead they manage the conversation, keep it constructive, and help the parties find common ground. Mediation can be used to resolve parenting arrangements, property and financial matters, or both. It can take place with both parties in the same room, or "shuttle" between separate rooms where being together is not appropriate — for example where there has been family violence.

For parenting matters, mediation is not just an option — it is generally a required first step. Before a parent can file a parenting application in court, the law requires them to make a genuine attempt at Family Dispute Resolution and to obtain a section 60I certificate from an accredited FDR practitioner. There are exceptions — the requirement does not apply where there is family violence or child abuse, where the matter is urgent, or where one party cannot participate effectively — but for most families, FDR comes first. This reflects a deliberate policy: parents who craft their own arrangements are far more likely to make them work than parties who have an outcome imposed on them.

The advantages of mediation are significant. It is usually much faster and far less expensive than litigation. It is private and confidential, in contrast to court proceedings. It is less adversarial, which helps preserve a workable relationship between parents — something that matters enormously when you will be co-parenting for years to come. And it gives you control: rather than handing the decision to a judge who has only a limited window into your family, you and the other party shape the solution yourselves.

Our role around mediation is to make sure you go in prepared and come out protected. Before mediation, we advise you on your legal rights and the likely range of outcomes, so you negotiate from a position of knowledge rather than guesswork, and we help you identify your priorities and gather the financial disclosure needed for a property mediation. During the process, we can support or represent you depending on the format. Afterwards — and this step is critical — we formalise any agreement so that it is legally binding. A parenting agreement reached at mediation can be turned into a parenting plan or Consent Orders; a property agreement can be recorded in Consent Orders or a Binding Financial Agreement. Without this step, an agreement reached at mediation is not enforceable.

Where court proceedings are already on foot, a court-convened conciliation conference (in limited circumstances) can serve a similar purpose for property matters — a focused negotiation, often with a Registrar, aimed at resolving the financial dispute without a trial.

Mediation is not suitable for every matter. Where there is serious family violence, a significant power imbalance, urgency, or a party who refuses to disclose their finances honestly, court may be unavoidable, and we will tell you frankly when that is the case. But for the great majority of separating couples, a well-prepared mediation is the fastest, cheapest and least damaging path to resolution. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.