Frequently Asked Questions (FAQ)

How does mediation work in Australia?

​

Mediation is a structured, confidential process where an independent mediator helps parties resolve disputes without going to court. The mediator does not take sides or make decisions but guides the conversation to help both parties reach a mutually acceptable agreement.

In Australia, mediation typically involves:

• An initial consultation or intake process

• A joint session where both parties discuss the issues

• Private sessions (called “caucuses”) if needed

• Negotiation and agreement drafting

Mediation can be used for family disputes, workplace issues, commercial disagreements, and more. It is often encouraged—or required—before court proceedings.

​

What is the cost of mediation?

The cost of mediation in New South Wales (NSW) can vary depending on the type of dispute, the mediator’s experience, and the duration of the session.

Typical cost structures include:

• Hourly rates: $200–$600+ per hour (shared between parties)

• Fixed fees: Half-day or full-day sessions ranging from $1,000 to $5,000+

• Court-connected mediation: May be free or subsidised in some cases

Some community justice centres and government-funded services offer low-cost or free mediation for eligible individuals.

​

Is mediation legally binding in Australia?

Mediation itself is not legally binding, but any agreement reached can become legally binding if it is properly documented.

To make an agreement binding:

• It must be written and signed by all parties

• It may be formalised as a contract

• In family law matters, it can be turned into consent orders approved by a court

It is recommended to seek legal advice before signing any agreement to ensure your rights are protected.

​

Mediation vs court in Australia: what’s the difference?

Mediation and court proceedings differ significantly in process, cost, and outcomes.

Mediation:

• Informal and flexible

• Usually faster and more affordable

• Confidential

• Parties control the outcome

Court:

• Formal legal process

• Can be lengthy and expensive

• Public record in most cases

• A judge makes the final decision

Mediation focuses on collaboration and preserving relationships, while court is adversarial and decision-based.

​

How long does mediation take?

The length of mediation depends on the complexity of the dispute and the willingness of parties to cooperate.

Typical timeframes:

• Simple disputes: 2–4 hours

• Moderate disputes: Half-day to full-day sessions

• Complex matters: Multiple sessions over weeks or months

Many disputes are resolved in a single session, while others may require follow-up meetings. Preparation and openness to negotiation can significantly speed up the process.

​

If you have further questions or would like to book a mediation session, feel free to contact me.