Family Law Mediation

A mediation is a meeting (or a series of meetings) involving the parties in family law proceedings, their solicitors (if they are represented), and a mediator. The meeting can take place in person, in separate rooms, by videoconference, or by telephone.

During a mediation, the mediator acts as an independent, neutral party to guide the parties through a process of exploring available options to resolve the issues in dispute.

A successful mediation can mean that the parties can reach an agreement without going to Court, which saves everyone both time and money.

We can mediate most family law matters for parenting, property, or both. Parenting can include child-inclusive mediation. If you are unsure if your matter is suitable for a family law mediation you can call our office.

Our current mediation fee schedule is available here, and prices are also displayed on our booking page.

The fee arrangements are by agreement between the parties. Most parties choose to share the cost 50/50. For other matters, one party might pay the costs in the first instance with the other party’s share to then be taken out of the final property settlement. And in some cases, one party simply pays the full cost because the other party is unable or unwilling to contribute.

Mediations can be booked for a full day for property or parenting matters (or both). A half-day mediation option is also available for parenting-only matters.

Your mediation can be held in-person at any suitable location, or remotely by videoconference if you prefer.

Our mediation fees include the use of our rooms at Caboolture South or Fortitude Valley, subject to availability. If our rooms are unavailable, the parties will need to provide a venue at their own cost. The venue could be the offices of one of the solicitors in the matter, or a neutral venue such as the Queensland Law Society mediation rooms.

We are unable to hold dates for more than 7 days.

You can view our currently availability here, as can the other party in your matter while you negotiate a date.

Once you request a booking for an available date that suits you, our office will confirm the booking and send you a request to secure the date by paying a booking fee, due within 7 days. Bookings may be cancelled if the booking fee is not paid by the due date.

Booking fees are refundable if a mediation booking is cancelled more than 30 days prior to the scheduled date.

It sometimes happens that dates, particularly those on short notice, become unavailable due to other mediation bookings, Court dates, and other appointments. If you would like us to check an unavailable date for you, please give us a call on (07) 5499 2900.

If you have two parties ready to go to mediation, but can’t find a suitable date here, please call our office on (07) 5499 2900 and we will see if there is anything we can do to assist further.

Most mediations start at 9:30am to allow all parties time to travel to the venue, and for each party to meet with their solicitor prior to the start of the mediation. If you have a special request to start earlier, please make a note on your booking request and we can discuss the details with you.

If your matter is complex and you believe that a multi-day mediation will be necessary, you are welcome to submit multiple booking requests for the days that you would like. Please add a note to the booking requests that you are requesting multiple dates. If you are unsure, please call our office on (07) 5499 2900 so that we can assist further.

The mediator is independent of all parties involved. The role of the mediator is to assist the parties with a view to reaching agreement. The mediator will ensure that:

• The mediation process is fair and civil
• Everyone has a change to be heard
• The issues in dispute are identified
• Options to resolve the dispute are explored

However, while the mediator is unable to give legal advice to either party, there is certainly an advantage in using a mediator who is also a practising family lawyer.

No. If we (our firm) have already represented you as your solicitor, then we are unable to perform the role of mediator in your matter. Similarly, if we have previously mediated in your matter, we are unable to then act as your solicitor at any stage after.

Yes, you can. However, the mediator will be unable to provide you with legal advice on the day. We recommend you seek independent legal advice prior to mediation, even if your solicitor will not be attending with you on the day.

Yes, your solicitor can attend with you. If you will have a team of representatives on the day (e.g. barrister, solicitor, paralegals) we recommend that you check with us first (or the venue that you have chosen) to confirm there will be enough space in the rooms for everyone.

No, a mediation does not include drafting of Court documents. The mediator might assist with drafting a “heads of agreement” document. If one party or the other is also drafting Court documents during the mediation, the mediator might assist with wording that reflects the agreement reached in mediation.

No, an agreement reached at mediation is not legally binding. To make a mediated agreement binding, the parties or their solicitors will need to draft and file the necessary documents with the Court. Your solicitor can provide you with further advice about this.

No, you do not. We understand that some parties to mediation will have safety and security concerns about being in the same room as their former partner. It is also often the case that, even in amicable separations, the mediation proceeds better with the parties in separate rooms. If you have safety concerns you might also consider a remote mediation conducted via videoconference.

Yes, Ms Cunningham can issue Section 60i certificates.