If you’ve been told that mediation or Family Dispute Resolution (FDR) is your next step, you might be questioning what happens in mediation and how it can help your family move forward. You might be worried about “What if my ex dominates the conversation?” or “Will the mediator take sides?”.
The good news is that mediation is often one of the most effective ways to reach workable, child-focused agreements without the stress and expense of court proceedings.
At Lander Solicitors Queensland, our experienced mediators understand the emotional complexity of family breakdown and are here to provide holistic support through your transition with compassion, clarity, and respect. We believe every family deserves the opportunity to create their new beginning with dignity and control over their future.
This guide will walk you through exactly what to expect in mediation, helping you feel prepared and confident as you take this important step toward creating your new beginning.
Ready to take the first step? Contact Lander Solicitors Queensland today for a confidential consultation about your specific situation.
Common concerns about mediation
It’s completely natural to feel anxious about what happens in mediation. Many families share these common worries:
- “What if I get emotional and can’t advocate for myself?”
- “Will the process be fair if there’s conflict between us?”
- “What happens if we can’t agree on anything?”
These concerns are valid, and our experienced family dispute resolution practitioner (and Principal Solicitor) Andrew Lander, is specifically trained to handle these situations with sensitivity and skill. With over 20 years of family law experience, we’ve successfully helped hundreds of families navigate even the most challenging circumstances, providing positive support through their transition to a new beginning.
What Is family dispute resolution?
Family dispute resolution is a structured, confidential process designed to help separated parties resolve parenting or property issues without going to court. Under the Family Law Act, mediation is considered mandatory in most cases before applying to court, unless there are exceptions such as domestic violence or urgent circumstances.
The key to understanding what happens in mediation lies in recognising the mediator’s role. Your Family Dispute Resolution practitioner (FDRP) acts as a neutral facilitator who doesn’t give legal advice but helps parties communicate effectively, find common ground, and explore practical solutions. They’re trained professionals who understand both the legal framework and the emotional challenges families face during separation.
Unlike a judge who makes decisions for you, what happens in mediation empowers you and your co-parent to maintain control over the outcomes that will affect your family’s future. This collaborative approach often leads to more sustainable agreements and better ongoing relationships, particularly important when children are involved.
Research demonstrates that family dispute resolution methods have become increasingly effective, with government reforms in Queensland recognising mediation as a crucial tool for supporting separating parents in resolving private family law disputes while reducing the burden on court systems.
What happens in mediation explained
Understanding what to expect in mediation helps reduce anxiety and prepares you for a more productive experience.
Before mediation: the intake process
Before your mediation session begins, each party participates in an individual interview with the mediator. This crucial first step serves several important purposes and helps answer many questions about what to expect in mediation.
During the intake process, your mediator will:
- Understand the background, key issues, and your individual goals for your new beginning
- Identify any safety concerns or power imbalances that need addressing
- Prepare you for the mediation format and topics to be discussed
- Explain clearly what happens in mediation so you know what to expect
- Ask about your preferred outcomes and any proposals you’d like to explore
- Discuss your concerns about the process and address any anxiety you might feel
This private conversation ensures that your mediation experience will be safe, productive, and tailored to your family’s specific circumstances. At Lander Solicitors Queensland, Andrew uses this time to build rapport and provide the supportive foundation you need for a successful mediation outcome.
The opening phase of mediation
On the day of mediation, most sessions follow a “shuttle-style” format where each party remains in separate rooms (or breakout rooms for online sessions), and the mediator moves between them. This approach reduces tension, emotional stress, and allows for more open communication through the mediator.
The session begins with clarification of the issues to be discussed, review of ground rules and confidentiality, and setting the agenda for the day with your family’s priorities. This structured beginning helps everyone understand what to expect in mediation and creates a safe space for productive dialogue.
Phase 2 of mediation: exploration and negotiation
Once each party’s key issues and priorities are identified, mediation moves into the exploration and negotiation phase. This is where ideas are discussed, options are tested, and possible solutions are explored in a structured and respectful way. Throughout what happens in mediation, Andrew reframes information, guides discussions so both parties can express their views, reduces tension, and filters communication so discussions stay constructive and focused on practical, child-focused solutions rather than past grievances.
One of the most valuable aspects of what happens in mediation is the objective assessment of proposed outcomes. As a lawyer with over 20 years of experience, Andrew can help you understand how a court might view your proposals without giving legal advice, ensuring agreements are practical and sustainable for your new beginning.
He also helps you explore how those arrangements may work in real life, considering financial, logistical, and lifestyle factors for both you and your partner, as well as the impact on your children, to ensure they’re practical, sustainable, and truly workable for your new beginning.Take the first step toward your family’s new beginning. Contact us today for expert mediation support that puts your children’s needs first.
Mediation for property matters
When property disputes are involved, what happens in mediation for property matters typically begins with establishing an agreed property pool, including all assets, liabilities, and superannuation entitlements.
The negotiation process focuses on:
- Fair division considering each party’s contributions
- Future needs and financial security for your new beginning
- Practical arrangements for property transfer or sale
- Superannuation splitting arrangements
- Tax implications and practical next steps
Andrew facilitates this process objectively, helping parties understand the practical next steps needed to formalise any agreements reached. Our legal background means we can also assist with drafting agreements that can be converted into enforceable court orders if required.
Phase 3 of mediation: negotiation and agreement
Once the key issues have been explored and negotiated, the focus turns to finalising the agreement. During this stage, the outcomes of your discussions are summarised and recorded so that both parties have a clear, shared understanding of what’s been agreed upon. Andrew ensures the wording is practical and reflects your intentions, helping you move forward with confidence.
If no agreement is reached, what happens next?
If what happens in mediation doesn’t result in full agreement, your mediator can issue a Section 60I Certificate, which allows you to proceed to court if necessary. However, even partial agreements can be incredibly valuable. They reduce future conflict, narrow the issues that need court determination, and often save significant time and money in legal proceedings.
Many families find that even when what happens in mediation doesn’t lead to complete resolution, the process provides valuable insights into each other’s priorities and concerns, making future negotiations more productive and supporting a more positive transition to their new beginning.H3: Preparing for your mediation session
Now that you understand what happens in mediation, here are some practical tips to help you prepare for what to expect in mediation:
What to bring to mediation checklist:
- Relevant financial documents (statements, property valuations, superannuation details)
- Draft parenting proposals or schedules you’d like to discuss
- List of your priorities and concerns
- Questions you’d like to ask about what happens in mediation
- Any correspondence relevant to the disputes
Emotional preparation:
- Think about your priorities and what outcomes would work best for your family’s new beginning
- Consider the other party’s likely concerns and be prepared to discuss compromises
- Focus on future solutions rather than past grievances
- Remember that what happens in mediation is about creating positive outcomes for your family
Remember, what happens in mediation is an opportunity for respectful dialogue guided by an experienced professional. At Lander Solicitors Queensland, we’re committed to providing both the expertise and compassion needed to help your family navigate this challenging time and create your new beginning with confidence.
Supporting families across Australia with nationwide mediation services
While our roots are in Queensland, our reach extends far beyond. With a dedicated Sydney office and the capacity to work with clients remotely, Lander Solicitors Queensland supports families, lawyers, and courts nationwide.
Whether you’re based in Brisbane, Sydney, or a regional area, we can deliver the same high-quality, independent family reports and mediation services through a combination of in-person and virtual appointments. Our flexible, Australia-wide approach means location is never a barrier to accessing fair, child-focused outcomes and professional guidance.
Why choose Lander Solicitors Queensland as your private mediator
While you now understand what happens in mediation, choosing the right mediator can significantly impact your experience and outcomes.
Private mediation offers significant benefits over Government services. Here’s why families choose Lander Solicitor Queensland’s mediation services with our qualified Family Dispute Resolution Practitioner:
Faster Resolution: Sessions can be scheduled quickly, avoiding the often lengthy delays of government mediation services that can stretch for months.
Experienced Professionals: FDRP Andrew bring over 20 years of family law experience in Queensland, understanding both the legal and emotional aspects of what happens in mediation and family dispute resolution.
Legally Informed Approach: Unlike many public mediators who may be social workers, Andrew can draft and help formalise agreements into enforceable court orders when needed.
Tailored Sessions: Whether you need to address parenting arrangements, property division, or both, our sessions are adapted to your family’s specific needs and goals for your new beginning.
Holistic Support: We facilitate agreements and provide comprehensive support for your entire family’s journey toward a positive new beginning.
Our structured approach ensures that both parties can work toward resolution collaboratively, reducing legal costs and emotional strain while maintaining focus on practical outcomes that serve your family’s long-term interests.
Contact Lander Solicitors Queensland today
Whether you’re addressing parenting arrangements, property division, or both, our private mediation services offer the expertise, efficiency, and personal attention your family deserves during this important transition.
Contact Lander Solicitors Queensland today to book a private mediation session or learn more about how our experienced Family Dispute Resolution practitioners can support your family through this process.
What to expect in mediation and other FAQs
What happens in mediation if we can’t agree on everything?
Partial agreements are incredibly valuable and common in family dispute resolution. Even if you can’t resolve every issue during what happens in mediation, the process often helps narrow the disputed matters, improve communication, and establish some practical arrangements immediately for your new beginning. This reduces the scope and cost of any future court proceedings while giving your family stability in agreed areas. Our mediators help identify which issues can be resolved and provide clear next steps for remaining disputes, ensuring you still make meaningful progress toward your new beginning.
What happens if the other party refuses to attend mediation?
If your former partner refuses to attend family dispute resolution, the mediator can still issue you a Section 60I certificate, which allows you to proceed directly to court. However, many reluctant parties agree to participate once they understand the benefits of what happens in mediation over court proceedings. Andrew often helps facilitate initial conversations to encourage participation, as what happens in mediation typically results in faster, less expensive, and more child-focused outcomes than litigation, supporting a more positive new beginning for all involved.
Can my lawyer attend mediation with me?
While lawyers don’t typically attend what happens in mediation sessions directly, you’re absolutely entitled to seek legal advice before, during breaks, or after family dispute resolution. Many clients find it helpful to consult with their solicitor beforehand to understand their legal position and what to expect in mediation. As a FDRP and lawyer with 20+ years of experience, Andrew can provide valuable insights about how courts might view proposed arrangements without giving legal advice, helping you make informed decisions throughout the process toward your new beginning.
How long does a mediation session take?
Most family dispute resolution sessions take between 4-8 hours, typically completed in one day. Complex property matters or multiple parenting issues may require a second session. The beauty of private mediation through Lander Solicitors Queensland is that we can schedule sessions quickly to suit your availability, avoiding the lengthy waiting periods often experienced with government mediation services. Ready to book your session and start your new beginning? Contact us today for prompt scheduling.
Are agreements reached in mediation legally binding?
Agreements reached in what happens in mediation become legally binding once formalised into consent orders through the Family Court. Andrew can help draft your agreements and guide you through the process of converting them into enforceable court orders. Even without court orders, mediation agreements create a clear framework that most separated parents find helpful for ongoing cooperation and reducing future disputes as they establish their new beginning.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland and Lander Family Reports and Mediations accept no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.
