Separation can be one of the most challenging times in life, especially when decisions about parenting or finances are still unresolved. In Australia, mediation or Family Dispute Resolution (FDR) as it is otherwise known, is often the first step toward finding common ground without going to court. But what does it look like and is it right for your situation?
Mediation is a structured process where separating couples are guided by a neutral professional to discuss issues and work towards agreement. For parenting matters, it’s also a legal requirement before applying to the Court for orders. The goal is simple: to reach safe and workable arrangements that reduce conflict and avoid the cost and stress of litigation.
Public vs Private Mediation – What’s the Difference?
Government-funded services like Relationships Australia provide valuable access to mediation, however their model is usually facilitative – namely, the mediator helps the parties talk, but doesn’t offer an opinion or guidance on outcomes or solutions. Often, their sessions run over many months and there is an intake process to ensure the matter is suitable to proceed.
Private mediation services often take a more evaluative approach to the process. Their practitioners are often experienced family law professionals who can help parties understand what’s realistic and how a court might view a matter. This informed perspective often leads to faster, more durable agreements. Private mediations generally take place over one day and parties can attend on their own or with a lawyer.
Which Mediation Option Is Right For Me?
While private mediation involves a fee which can vary depending on the skills, experience and qualifications of the mediator, it offers flexibility, speed, and expertise that many government-funded services cannot. Private mediation provides:
- Fast turnaround: Mediations can usually be arranged within weeks, reducing delay and stress.
- Flexible format: Choose Zoom or in-person, joint or shuttle sessions depending on need.
- Specialist Expertise: Private mediators usually have a legal or social science background and have extensive experience supporting separated couples towards reaching agreements.
- Personalised process: a more tailored approach which may include the participation of a party’s family lawyer which can bring comfort and reassurance throughout the process.
In summary, public mediation can be more cost-effective than private mediation but it is usually slower and less flexible. Whilst generally more costly, private mediation is faster and more tailored.
What If My Ex Does Not Want To Participate In Mediation?
Where you are having difficulties trying to engage your ex in the mediation process, a Family Dispute Resolution Practitioner (“FDRP”) can reach out to your ex and invite them to participate in a mediation. There is assessment and follow-up undertaken by the FDRP to explore whether mediation is the right process for you both. Where the FDRP does not consider the matter suitable for mediation, or one of the parties refuses to participate in a mediation, they can issue a s.60i Certificate which would enable a court application to be commenced.
Why Families and Lawyers Choose Separation Solutions For Their Private Mediation Needs
At Separation Solutions, we approach mediations in the evaluative model. Our Mediators/FDRP’s are experienced family law professionals including former Judicial Registrars of the Court, barristers, and accredited specialists in family law. We conduct over 300 mediations annually and receive referrals from over 450 family law firms across NSW, regionally and nationally.
Founded in 2021, Separation Solutions has grown from a single practice operating from the Hills into a nationally recognised team. “I wanted to create a model that combined the professionalism of the Court with the accessibility, experience, and empathy that clients and lawyers really need,” says founder Belinda Crawford, Accredited Specialist in Family Law and former Senior Judicial Registrar of the Federal Circuit and Family Court of Australia.
More Than Mediation
Separation Solutions offers a suite of family law dispute resolution services including child-inclusive mediation, parenting coordination, and collaborative coaching. It can also invite a party to mediation through its unique FDRP Invitation Request service available via its website.
Whether you’re a lawyer referring clients or an individual navigating separation, Mediation through Separation Solutions offers expertise, empathy, and efficiency, turning a difficult process into a constructive path forward.
For more information, visit www.separationsolutions.com.au
