Mediation is a structured conversation led by an impartial practitioner who helps people in dispute reach their own agreement. The mediator manages the process; the people involved decide the outcome. Nothing is imposed. These guides explain how mediation works in Australia, what to expect if you are going to one, and how to find someone properly qualified.
What mediation is — and what it is not
In mediation, no one decides for you. That is the single thing that separates it from court and from arbitration, where someone else weighs the arguments and hands down a result. A mediator has no power to rule on who is right. Their job is to run a fair process, keep the conversation useful when it gets hard, and help both sides find something they can live with.
This matters practically. It means you stay in control of what you agree to, and it means an agreement reached in mediation tends to hold, because both parties built it. It also means mediation is not the right tool for every dispute, there are situations where you need a decision, or protection, rather than a conversation.
Sometimes this can still be accommodated in mediation using safety protocols like Shuttle Mediation, where each person is in separate rooms or locations and the mediator assists the negotiation by passing information and offers back and forward between you.
Read more: What Is Mediation? — What a mediator actually does, where mediation is used, and why people choose it.
What actually happens in a mediation?
Most people arriving at a first mediation have no idea what the room looks like or what is expected of them. It is rarely one session.
You will usually have a private conversation with the mediator first, then a joint session, and there may be several rounds before anything is settled. You are entitled to get advice between sessions, and you should.
The single biggest predictor of a good outcome is preparation — knowing what matters to you underneath your position, and having thought about what you could accept before you walk in.
These days often Mediation is conducted by video meeting or even phone.
Read more: Ten Top Tips for Better Mediation Outcomes — ten practical dos and don’ts for anyone about to go to mediation.
Choosing a mediator
Anyone in Australia can call themselves a mediator. There is no law preventing it. What separates a qualified practitioner from someone with a business card is national accreditation — and for family matters involving children or property, registration as a Family Dispute Resolution Practitioner with the Attorney-General’s Department is a legal requirement, not a preference.
The good news is that there are two national registers, one for general mediators www.amdras.au/mediators and one for Family Dispute Resolution Practitioners which you should expect to find your mediator on if it is a Family Law matter you want to mediate https://www.fdrr.ag.gov.au/fdrr
Check accreditation, check the practitioner has worked in your kind of dispute, and check they carry professional indemnity insurance. Ask directly. A good mediator will not mind being asked.
Read more: Choosing the Right Mediator — what to ask before you engage someone, and what the answers should sound like.
Or search Find a Mediator — our register of accredited Mediation Institute Members, searchable by location and specialisation.
Family group conferencing
A family group conference brings the wider family together, not just the parents, to make a plan for a child or in some cases a vulnerable adult.
It comes out of a different tradition to mediation, and it works differently: the family is given private time to build its own plan, and the facilitator steps out of the room while they do it.
It is used most often where a child’s safety or wellbeing is in question, and where the people who know that child best are spread across a family rather than concentrated in two households.
Read more: What Is Family Group Conferencing? — how a conference runs, who is in the room, and when it is the right approach.
Mediation at work
Every Australian jurisdiction now has regulations requiring employers to prevent psychological harm at work, not merely to respond once it has happened , with Victoria’s taking effect on 1 December 2025. Conflict and incivility are named psychosocial hazards. That changes what an employer is expected to do when a workplace dispute starts, and it puts mediation into the prevention toolkit rather than the clean-up one.
It also matters who runs it. A facilitated discussion between a manager and a staff member is not mediation, and using the words interchangeably creates real risk for an employer.
Read more: Psychosocial Safety and the Role of Mediation — what the duty requires, where mediation fits, and where it is the wrong tool.
Elder mediation
Elder mediation deals with the disputes that come with ageing, care arrangements, capacity, end-of-life decisions, inheritance and the intergenerational tension that runs underneath all of it.
As of August 2025 it is formally recognised as a specialisation under the AMDRAS national accreditation standards, which means mediators can now be accredited specifically for this work in addition to general mediation.
Read more: Elder Mediation Specialisation — what the specialisation covers and who is accredited to do it.
Family law property matters
If you are separating and working out property, the ground moved in 2025. Add-backs, the practice of notionally putting spent or wasted money back into the asset pool, were effectively ended by the Family Law Amendment Act 2024 and the decision in Shinohara & Shinohara. Reckless spending still matters, but the courts now deal with it differently.
This is general information, not legal advice, and property settlement is one of the areas where getting your own advice is worth the money.
Read more: Family Law Add-Backs — what changed in 2025 and what it means in practice.
Thinking about becoming a mediator?
Mediators come from law, human resources, social work, education, business and community services — and from none of those. There is no required background. What there is, is a national accreditation framework, and training that has to meet it.
If that is what brought you here, start with AMDRAS Mediator Training or, for family law work, FDR Practitioner Training.
Common questions
Is mediation legally binding?
The mediation itself is not. An agreement reached in mediation can be made binding, through consent orders in family matters, or a written agreement in other disputes, but that is a separate step you take afterwards, usually with legal advice.
Do I have to be in the same room as the other person?
No. Shuttle mediation, where the mediator moves between separate rooms, is common and entirely normal. Online mediation is also widely used. Tell the mediator what you need at the intake stage.
How long does mediation take?
It varies with the dispute. A straightforward workplace matter might resolve in a single three hour or half-day session. A family property matter commonly runs across several sessions over weeks. Expecting it all to be done in one sitting is the most common cause of disappointment.
What does mediation cost?
Fees vary by practitioner, location and the type of dispute. Family Relationship Centres offer government subsidised family dispute resolution. Always ask for the fee structure in writing before you start.
Due to the efficiency of the mediation process, where the people in conflict or with a dispute speak directly or directly through the mediator it is normally significantly less expensive than processes such as lawyer negotiation or going to court.
Do I need a lawyer?
Not to attend mediation. But for anything involving property, money or children, getting your own advice before you agree to something is sensible, and in family law, it is the difference between an agreement and an enforceable one.
What is the difference between mediation and family dispute resolution?
Family dispute resolution is mediation applied to family matters, delivered by an accredited family dispute resolution practitioner registered with the Attorney-General’s Department. For parenting matters, an FDR practitioner is the only person who can issue the certificate the court requires to allow you to initiate a family court case, unless you are able to apply for an exemption.
Can mediation be used where there has been family violence?
Sometimes, with careful screening and safeguards, and sometimes not at all. Every practitioner is required to assess suitability before proceeding and only proceed if you will be able to negotiate freely. If you have safety concerns, say so at intake, that assessment exists precisely for this.
About this information
Mediation Institute is a specialist Training Provider partners with Registered Training Organisation Inspiritive (RTO Code 21178) to deliver the CHC81115 – Graduate Diploma of Family Dispute Resolution, an AMDRAS Recognised Training Provider and a Recognised Accreditation Provider approved by the AMDRAS board to deliver the AMDRAS Mediator Certificate of Training, Certificate of Assessment and AMDRAS Practicum Course required for Advanced Mediator Accreditation.
We train and accredit mediators and family dispute resolution practitioners across Australia.
These guides are general information about how mediation works. They are not legal advice and they do not take account of your circumstances. For advice on your own situation, speak to a lawyer or to an accredited mediator or family dispute resolution practitioner.
Reviewed by: Joanne Law, Director Mediation Institute · Last reviewed: 18.8.2026 . Next review due: 18.2.2027.
