Benefits of Mediation in Australia

Mediation can be used to resolve a wide variety of problems including:

• parenting and financial matters pertaining to separation or divorce;
• grandparenting matters during family-related proceedings; 
• sensitive matters and disagreements between family members;
• conflict between work colleagues;
• disputes about payments and contracts;
• disputes over a partnership arrangement;
• disputes between neighbours;
• issues between school families.

The popularity of mediation looks set to increase as excessive and ever-increasing court backlogs continue to delay access to justice. However, the challenge is that anyone can call themselves a mediator in what remains a self-regulated industry and profession. Only those who are accredited under the National Mediator Accreditation System (NMAS) are trained to a recognised level of industry standards. There are currently more than 3,000 accredited mediators across Australia and 39 Recognised Mediator Accreditation Bodies (RMAB) registered under the NMAS. NMAS accreditation is well regarded by regulators and practitioners alike. It’s also a prerequisite for inclusion on most State and Commonwealth mediation panels and across most industry bodies and regulators. NMAS-accredited mediators must undergo a thorough training program, which blends theory with practice.

The Family Court of Western Australia (FCWA) requires parents to attempt mediation prior to filing parenting-related proceedings. Except in circumstances such as urgency, a certificate from an accredited Family Dispute Resolution Practitioner (FDRP) is required before an application is lodged with the court.

The court recognises the importance of parents working together in the best interest of their children. A court decision means a magistrate, someone who does not know your children, makes decisions about your children if you cannot settle your dispute and decide to proceed to court. This means a stranger effectively makes decisions about your life without a lot of control by you. 

Mediation is completely voluntary and gives participants the best chance to negotiate a resolution prior to either issuing proceedings or going to trial when proceedings have already been instigated. Settling at mediation will avoid drawn out, stressful, costly, and emotional trials.