Family Mediation Lawyers Sydney
Our family mediation lawyers in Sydney offer support during mediation and dispute resolution processes, ensuring you are well prepared on the day, understand your options and get the most out of your parenting or property mediation.
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If you are wondering how to reach an agreement with your ex-partner around parenting agreements or property matters, or even child support, mediation can be an excellent space to find common ground. Family mediation – which is also known as Family Dispute Resolution (FDR) in Australia, is an important part of the family law process. At Justice Family Lawyers, we offer mediation and FDR, as well as Sydney mediation lawyers to help you prepare for mediation, attend on the day with you, and draft any agreements made into legally binding agreements.
Mediation empowers separated couples to reach their own agreement without having it decided in court, or through extended lawyer negotiations. It is a highly cost-effective alternative to litigation, and gives those who will be affected by a decision a say in how that happens. It is a collaborative process, supported by a neutral mediator, which is also confidential, allowing individuals and families to discuss matters without details being filed with the court. While it’s not the perfect option for everyone, it’s an excellent place to start and many people find they can successfully resolve matters using the mediation process.
What is mediation and family dispute resolution, and why does Australian family law require it?
In Australia, the family law system encourages the use of non-court based family services in family law matters to avoid families going through the court system, or to assist with the court process. Family Dispute Resolution is recognised under section 10 of Part II, Division 3 of the Family Law Act 1975.
Mediation is designed to help parties to communicate constructively, focusing on practical solutions, and maintaining greater control over outcomes that directly affect their lives and children’s wellbeing. It is also a required step in many parenting matters before court proceedings can be initiated – because it allows separated couples to make choices for their family, rather than having the courts do so. If mediation for parenting matters is unsuccessful, a Section 60I certificate will be issued, and matters can move to the Federal Circuit and Family Court of Australia, if necessary .
Family mediation offers a collaborative and cost‑effective alternative to court for resolving relationship disputes, providing a structured environment for separating couples to work through issues such as parenting arrangements, property division, child support and other family law matters. It is facilitated by a neutral, skilled mediator who encourages reaching an agreement, rather than having a matter decided by a judge. Matters dealt with in mediation are also generally confidential in line with section 10H of the Family Law Act (1975), allowing families to maintain their privacy, unless a practitioner is required by law to share details.
All FDR practitioners and mediators who work with family law matters must be properly trained and accredited as per section 10G of the Family Law Act (1975). You can find a national register of FDR practitioners via the Attorney General’s Department.
Is mediation right for your situation?
Mediation is an excellent way to resolve family law disputes, but it isn’t suitable for everyone. If you and your ex-partner are both willing to attempt to work things out, you have a good chance of a successful mediation result. It’s worth trying even if you are unsure as to how it will go if you have a parenting matter that requires resolution, because if the other party does not attempt to make it work, or fails to attend, you can then move your parenting matter to court if required.
Mediation is generally not suitable in the following situations:
- Urgent matters, any risk of harm (family violence or child abuse), any matters where a child has been unlawfully removed, or is unable to be located, contravention matters occurring within 12 months of orders being made
- Incapacity on behalf of either participant
- When parties have already made agreements and simply need to get them formalised
- If either party refuses to participate in discussions
- If either party is unable to attend due to health, disability or other issues
- When previous attempts at mediation have already failed. Unless something substantial has changed, this often tends to be repeated.
In high-conflict situations, or matters in which parties do not wish to mediate in the same space, shuttle mediation may be a better option. In this type of mediation, family law mediators move between rooms to share the other parties views and proposals, allowing progress without direct interaction between parties.
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How family dispute resolution works - from the first session to the final stages
The mediation process has a number of steps, which generally start with one party doing an intake, and inviting the other party to attend.
1. Intake
Each party will be required to do an intake with their mediator or FDR practitioner. This is generally under an hour for each person, and assesses the suitability for mediation and outlines matters to be discussed. During intake, background information is gathered, the process is explained. Screening for family violence and risks, as well as the capacity to participate also occur during intake. Participants may also need to choose between face-to-face mediation, phone/ videoconference, or shuttle mediation options.
2. Invitation
If matters are suitable for mediation, but only one party has made contact with the mediator, the other party (or parties) will be invited to participate, and will also complete an intake session. Once both parties have completed intake, a date will be set for mediation.
3. Preparation & Issue Identification
Both parties will need to prepare for mediation and identify issues for discussion. Working with an experienced mediation lawyer can be very beneficial at this stage, as they will help you to pinpoint the most important issues and understand what realistic outcomes may look like. This step is often overlooked, which can reduce the effectiveness of FDR and mediation processes.
4. Mediation / FDR Session
Mediation sessions can run anywhere from an hour to a day, or may even be spread out over more than one day if there are multiple issues for discussion - or, if parties need some time to reflect on their options during the process. Any matters raised will be discussed, which will hopefully result in an agreement being made.
5. Agreement Made, Or Cannot Be Reached
Mediation generally results in three outcomes. An agreement is reached, and is written up into a Mediation Agreement, which is not legally binding but outlines agreements and next steps. If agreement cannot be reached, parties may choose to attempt mediation again, or explore other legal options. If either party did not attend, or parties made a genuine attempt to mediate but no agreement is reached, a Section 60I certificate will be issued, and court proceedings may commence.
6. Next Steps
If an agreement has been made in mediation, parties often have a lawyer formalise their agreement into Consent Orders, or other suitable legally binding agreements. If no agreement was reached, parties may take no further action, attempt the process at a later date, or commence separate legal action. It’s important to remember that even if your matter does progress to court, that the court may refer you back to FDR during proceedings.
Lawyer assisted FDR - why having your lawyer present can make mediation more productive
Mediation can be a daunting experience, even when issues are quite straightforward. If you are dealing with complex parenting, child support or financial matters, or an imbalance of power exists between parties, it can become even more difficult. Having a good mediation lawyer can make a big difference to outcomes, because they will ensure you are clear about the process, realistic about possible outcomes, and know which matters to discuss – and how to approach them.
With the guidance of our skilled family law mediators in Sydney, families can explore realistic solutions in a structured, supportive setting. These outcomes often lead to stronger co-parenting and smoother transitions, especially when children are involved. Lawyer-assisted mediation can help you prepare properly for the day, and help you to understand the best way to approach matters that are important to you. Having someone there on the day who is ‘on your side’ and can help you to make decisions as they arise enables you to participate fully while understanding where you stand legally at each step of the process.
Founder Insight
The court places a huge emphasis on dispute resolution and trying to resolve matters through negotiation and settlement. Whether it’s a parenting matter or a property matter, you might be ordered to attend mediation with a private mediator, a judicial registrar, or through Legal Aid. There are many different pathways the court can use to encourage parties to settle their dispute.
A lot of people ask, ‘Didn’t we already do mediation before we got here? Why do we have to do it again?’
What people often don’t appreciate is that even if you’re convinced your matter can’t settle, the dispute resolution stage is still incredibly important. It forces each party to really think about their case, clearly articulate what they want, and identify what they’re prepared to compromise on.
Hayder Shkara, Principal, Justice Family Lawyers.
Mediation for property and financial matters - can FDR be used outside parenting disputes?
Mediation is a valuable tool that can be used for almost any type of family law or other legal matter, as long as both parties are willing to discuss the matters at hand and work towards reaching a resolution. Many separating couples use it for parenting matters, as well as financial and property matters. It’s also able to be used to discuss child support and spousal maintenance matters, or any difficulties that arise during co-parenting.
Property mediation is a voluntary process – as is parenting mediation – but parenting matters are required to attempt mediation in most cases before filing in court. Mediation can be used at any stage of a family law matter, and even if your matter goes to court, the court can order you to attempt mediation or FDR during proceedings.
Services
Parenting Mediation
Helping parents create clear, functional parenting plans focused on children’s best interests, including scheduling and parental responsibilities, which can be formalised into Consent Orders.
Child Support Mediation
Facilitating fair conversations about financial contributions towards children’s needs, ensuring both parties understand their obligations and reach mutually acceptable terms.
Family Court Mediation
If your matter is already before the court, family law mediation can still help resolve matters before trial. Our family law mediators aim to limit further litigation through practical settlement discussions.
Property Settlement Mediation
Helping clients work through financial disputes related to property settlement, including asset valuation and division for real estate, superannuation, other assets and debts.
Separation Mediation
Designed to assist couples early in the separation process, sessions can address temporary living arrangements, financial matters and co-parenting to establish a structure for future discussions.
Child-Inclusive Mediation
Though children do not attend, a Child Consultant can help to ensure that children’s perspectives are heard, through input from psychologists, Child Consultants or other professionals.
Founder Insight
“The court doesn’t want families rushing into litigation if a dispute can be resolved another way. That’s why, in most cases, you’ll need to attend mediation before commencing proceedings. It’s an opportunity to resolve the issues early and avoid the financial and emotional cost of it escalating into a court battle.”
Hayder Shkara, Justice Family Lawyers
The s60I certificate - what it is, why you need it, and the exceptions that apply
If you have a parenting matter requiring agreements to be reached in Australia, it’s necessary to attempt mediation in almost all cases, before the matter can be heard in court. Going to mediation with your co-parent shows the court that a genuine attempt has been made to resolve matters. If no resolution is reached, or either party does not attend or make a genuine effort, your mediation or FDR facilitator will issue a section 601 certificate. This certificate is required pursuant to section 60I (7) of the Family Law Act 1975, and must be lodged with the court application, before parenting proceedings can commence.
The exceptions for providing a S60I certificate are outlined in section 601(7).
They include:
- Urgent matters needing to be addressed
- A risk of harm to a child
- Family violence dynamics
- If either party lacks the physical or mental capacity to mediate
- When parents have already agreed to Consent Orders and are simply making an application to have them approved.
- If the matter is related to a contravention of an order made in the last 12 months
If you are unsure whether mediation is the right pathway for your matter, please get in touch with our Sydney team of family mediation lawyers to discuss your circumstances.
From mediation to legally binding agreements - what steps are required?
When agreements are reached in mediation, they are listed in a Mediation Agreement. This agreement outlines the discussions and agreements reached on the day, but is not legally binding. It’s more like a draft version of what Consent Orders or a BFA will cover, rather than an order or contract that is enforceable. Some people are happy to make a Parenting Plan and move forward, but others will decide to have the agreement made into Consent Orders which can cover parenting and/or property matters, or a financial agreement.
This ensures that both parties are legally accountable for agreements made, and that if either party does not honour agreements, that the court can enforce them. If you have a Mediation Agreement that you’d like to have drafted into orders, or are unsure of your next steps, get in touch with our family mediation team for advice on creating agreements that provide legal certainty.
Want to understand more about how the mediation process relates to family law court proceedings? Hayder Shkara discusses the steps involved for parenting and property matters, S60I certificates and how mediation is used in the Federal Circuit and Family Court of Australia.
Our Team
Meet Hayder Shkara - Director, Justice Family Lawyers
Director
Hayder Shkara is the Director of Justice Family Lawyers.
A strong media personality, Hayder is considered an authority on all Australian legal matters. He is the founder of the practice and is passionate about combining clear legal strategy with empathetic client care.
An Olympian who represented Australia in Taekwondo at the Rio de Janeiro Olympic Games, Hayder brings discipline, strategic thinking and composure to complex family law matters.
Harpreet Bawa
Senior Associate
Family law specialist with expertise in complex financial splits, recovery and relocation orders, and high-conflict parenting matters.
Monique Alexander
Senior Associate
Family law practitioner skilled in property and parenting matters, drawing on her background as a Court Associate to provide informed, effective advocacy.
Laila Sayed
Solicitor
Family law solicitor specialising in parenting and property disputes, known for her empathy, advocacy, and client-focused approac
Bree Campbell
Solicitor
Family and criminal law solicitor specialising in AVO matters, criminal defence, and parenting and property disputes.
Karly Muller
Solicitor
Karly graduated from Western Sydney University with a Bachelor of Laws (LLB) in 2021 and completed her Graduate Diploma in Legal Practice (GDLP) with the College of Law in 2022.
Why Justice Family Lawyers for Your Mediation Matters
At Justice Family Lawyers, we offer experienced mediation lawyers and family law mediators to guide clients through mediation with professionalism and empathy. We are aware of the emotional toll that legal disputes bring, and our team works to lower stress levels and provide support throughout your family law mediation experience.
We create a respectful space where both parties can be heard, explore options, and tailor agreements to their unique circumstances while reducing hostility, stress and legal costs compared with traditional litigation. Each of our family lawyers, FDR practitioners and family law mediators are trained to guide negotiations thoughtfully, ensuring each party feels heard. This approach reduces hostility and promotes durable agreements. All sessions of family law mediation in Sydney are conducted with strict confidentiality, helping clients feel secure when discussing sensitive matters.
Choosing Justice Family Lawyers for your mediation means choosing a path forward that is more affordable, faster and emotionally sustainable than court litigation.
Take the next step towards a resolution with our Sydney mediation lawyers.
Whether you are just beginning parenting and property negotiation, or have a dispute that needs resolved, get in touch with our highly experienced team of family mediation lawyers today to find out how we can help.
Frequently Asked Questions
Is mediation compulsory before going to court in Australia?
For family law matters, mediation is generally required before a matter can go to court. This is so co-parents have a neutral space to discuss matters and hopefully reach an agreement without needing to have the matter decided in court. Exemptions apply to compulsory mediation if there are family violence or abuse concerns, if either party lacks capacity, if one party refuses to attend, or if the matter requires an urgent hearing. Mediation is not required for separated parents who wish to apply to court for Consent Orders that have already been agreed on.
What is a section 60I certificate and how do I get one?
If the other person refuses to engage in family law mediation, or if you have attended mediation and been unable to reach an agreement, your FDR or mediation facilitator will provide you with a s60I certificate to demonstrate to the court that you have attempted mediation. This can be filed with your court application if you are wanting your matter to be heard in court.
What are the exceptions to compulsory family dispute resolution?
You can request an exemption from the court to attend mediation before filing for a parenting matter to be heard by court, if:
- There is a risk of harm or abuse to a child
- Family violence dynamics exist
- Either party lacks physical or mental capacity to mediate
- An urgent matter requires addressed
- The application to court relates to a contravention of orders made in the last year
FDR and mediation are not required if agreements have already been reached for consent orders and you are applying to have them approved.
How long does family mediation take?
Family law mediation in Sydney can vary in length depending on the complexity of the issues. Some matters may be resolved in one session (after the initial intake), while others may require multiple meetings. For straightforward issues, one to two hours is generally sufficient. For more difficult or complex matters, half day or full day sessions are required, and these will often be done over multiple sessions. This can give parties time to consider offers or get further advice, access any third party reports or valuations, and ensure they are confident with their decisions before moving forward.
What happens if we can't reach an agreement at FDR?
If you have attempted mediation and cannot reach an agreement, you have a few options. You can have lawyers negotiate on your behalf, or attempt mediation again, or, you can apply to have your matter heard in the Federal Circuit and Family Court of Australia.
If you can reach agreement through family law mediation, you can formalise it by applying for consent orders or drafting a binding financial agreement. This gives your agreement legal weight and certainty moving forward.
Do I need family mediation lawyers, or can I attend FDR alone?
Family law mediation is designed to be collaborative, and many people attend some or all of mediation on their own, or with a friend or family member for moral support. However, many people benefit from having a lawyer assist with mediation. You are entitled to bring family mediation lawyers on the day, or alternatively you can seek advice beforehand to ensure you understand your rights and options, and before formalising any agreements reached.
Get Started Today
Avoid the stress and cost of court proceedings. Speak with our family mediation lawyers in Sydney – book a free 10-minute discovery call today.Avoid the stress and cost of court proceedings. Speak with our family mediation lawyers in Sydney – book a free 10-minute discovery call today.