Mediation for Parenting and Property Matters

Posted on : 23 May 2025 Article by : Jodi Dingwall

Mediation for Parenting and Property Matters

Mediation is an option that I frequently recommend to family law clients. Part of your lawyer's job is to identify when mediation may be beneficial for their client.

Parenting Matters

Mediation is usually the first thing I recommend for two reasons:

Attending a meeting with a mediator in the room can be a gentler approach, which is more likely to resolve issues. It is often more palatable than a letter from a lawyer or a meeting with your ex and their lawyer, without a mediator.
If you’re unable to resolve parenting issues with your ex, you need to have attempted mediation before you can file an application to Court. Note: There are exceptions to the requirement of participation in mediation.

Free Mediation Services.

Although there are benefits to free mediation services for parenting matters, I don’t always recommend them. Free services usually only offer set times and a limited amount of time (around 2 hours) for the mediation to take place. From my experience, paying for an experienced family law mediator usually results in better outcomes.

Private/paid mediation allows for choice in selecting a mediator. Also, on the day, there are no time restrictions. If the mediator and the parties are making progress, the mediation will continue for as long as it needs to, which is critical if the parties are heading toward agreement.

For parenting or property matters I will always recommend a mediator with extensive family law experience.

Property Matters

For a property matter, if the parties are close to an agreement and I think a resolution can be achieved via mediation, this will always be my recommendation. If successful, it will be a far more cost-effective way to resolve issues than going to Court. If the other party has legal representation, the chance of resolution may be further increased.

Example: How Mediation mitigates your legal costs

Mediation before commencing court proceedings will save you money if it results in an agreement.

A private mediator might charge $3,000 - $4,000 depending on who it is. This cost is usually shared equally by the parties. A lawyer might charge $4000 - $5000 to prepare for and attend mediation.

If an agreement between the parties is reached at the mediation, you will have spent around $5,500 - $7,000 to reach agreement.

Note: Your lawyer will have done work prior to mediation as negotiation and disclosure will have taken place. Also, further work will need to be done after mediation - where Consent Orders are prepared to document the agreement and any transfers attended to.

If you skip mediation prior to Court, and commence Court proceedings, you would be looking at around $7,000 to $9,000 in fees to cover the time spent by your lawyer preparing your court documents (application, financial statements and affidavits) and to have them attend the first Court event. You may then incur another $4,000 - $5,000 in lawyer fees for the mandatory mediation facilitated by the Court - plus half of the mediator’s fee of $3,000-$4,000.

If an agreement is reached at mandatory mediation, you will have spent around $12,500 - $16,000 to reach agreement.

Note: Your lawyer will have done work prior to mediation as negotiation and disclosure will have taken place. Also, further work will need to be done after mediation where Consent Orders will need to be prepared to document the agreement and any transfers attended to.

Conclusion

Arranging private mediation before commencing Court proceedings, could save you between $7,000 – $9,000 in legal fees.

If there is no urgency and no issues between the parties that preclude mediation as suitable (given most straightforward property matters can be resolved at mediation), mediation before commencing court proceedings will be a good option.

O'Shea Dyer Solicitors - Family Lawyers Townsville, Queensland and Interstate.

At O'Shea Dyer Solicitors we can assist you with all issues arising from your separation. Make an appointment to see our experienced family lawyers sooner rather than later and let us put your mind at ease. Take the first step towards feeling in control again. We would love to help you.

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