How To Prepare For Mediation – Family Law
Learn how to prepare for mediation in family law matters with Cudmore Legal's top tips.
What mediation means
Mediation is a form of alternative dispute resolution. For parenting matters, it's compulsory before filing court proceedings (unless urgent). For property matters, courts typically order participation in private mediation or a conciliation conference. Mediation is a very important step in your resolution process — don't undervalue it.
Step 1: Identify all issues
For property: the length of the relationship and the separation date, the value of the property pool, each party's contributions, and future financial needs. For children: current parenting arrangements and living situations, whether those arrangements serve the children's best interests, any risk factors such as violence or abuse allegations, and the practical feasibility of proposed arrangements.
Step 2: Make honest resolution attempts
Try to negotiate asset valuations, liabilities and other outstanding issues before mediation, to maximise your chances of settling.
Step 3: Be prepared to compromise
Mediation is an attempt to reach a resolution you and your ex-partner can both live with — think about what's acceptable to you financially and emotionally.
Frequently asked questions
Should I seek legal advice before mediation?
Yes — the most effective mediation happens when both parties have sought legal advice about their circumstances beforehand.
What documents should I bring?
Financial statements, property valuations, and any previous court orders or agreements.
Can my legal representative attend?
Yes, they can provide legal support and protect your interests.
What's the mediator's role?
To act as a neutral facilitator, encouraging effective communication and mutually agreeable solutions.
How do I ensure success?
Be open to compromise, communicate clearly, and seek specialist family law advice.
Is mediation cost-effective?
Yes — mediation is generally more cost-effective than court litigation.