Why family law mediation is now a required part of the process in Victoria
Victorian families who wish to apply for parenting orders must first attend what is formally known as Family Dispute Resolution, or what most people simply call mediation. It is compulsory. Before filing with the court, you need a certificate from an accredited practitioner confirming that you made a genuine attempt at resolution.
For property matters, the requirement is less prescriptive, but the practical expectation is the same. Judges consider whether parties genuinely attempted to resolve their matter before coming to court. A failure to engage with mediation can affect how costs are determined.
There are recognised exceptions, including family violence, risk of harm to a child, and matters requiring urgent orders. Outside those circumstances, family law mediation in Victoria is both the required and the recommended first step.
What actually happens in a mediation session
A lot of people walk into mediation without knowing what to expect. Here is what the process actually looks like.
- You meet with an accredited Family Dispute Resolution practitioner. This person is independent of both parties. They are not a judge and they do not make decisions for you. Their role is to help you and the other party communicate, understand each other’s positions, and work toward an agreement you have both chosen.
- The mediator typically begins by meeting with each party separately to understand the situation and assess whether joint or shuttle mediation is appropriate. In shuttle mediation, the practitioner moves between two separate rooms rather than having both parties in the same space. This format is common in family law because it removes direct confrontation and allows each person to speak openly.
- One of the most important things to understand about mediation is that it is confidential. Anything said in a mediation session cannot be used against you in court proceedings. That confidentiality creates space for honest conversation, for exploring options, and for finding solutions that might feel too uncertain to raise in any other setting.
- A typical session covers what matters most to your circumstances. For parenting arrangements, that includes time with each parent, communication between households, decisions about schooling and medical care, and holiday schedules. For property matters, it covers the asset pool, each party’s contributions over the course of the relationship, future financial needs, and what a fair outcome looks like.
If agreement is reached, it is formalised. For parenting matters, this becomes either a Parenting Plan or Consent Orders. For property, a Binding Financial Agreement or Consent Orders.
If no agreement is reached, the practitioner issues a certificate that allows the matter to proceed to court.
Most sessions run between three and six hours. Some matters require two or three sessions. Either way, the timeline is typically weeks rather than months or years that court proceedings take
Why preparation is the variable that changes outcomes
We understand and see that two people can attend the same mediation session and have completely different experiences. What separates them, in most cases, is how clearly they understood their own legal position going in.
Without that clarity, most clients find themselves:
- Making decisions in real time, under pressure, without a clear sense of what is fair or realistic
- Unable to assess whether a proposed settlement is genuinely in their interests
- Missing opportunities to negotiate on issues where they had more flexibility than they realised
- Leaving the process uncertain about whether they made the right decisions
With proper pre-mediation preparation, the picture changes. You enter the room knowing your legal position, understanding the realistic range of outcomes for your circumstances, and having already thought through your priorities. You negotiate from clarity rather than anxiety. That shift affects everything.
At Village Family Lawyers, we see this consistently. The clients who come through mediation most successfully are not always the ones with the simplest matters. They are the ones who arrived prepared.
What pre-mediation preparation at Village Family Lawyers involves
Our pre-mediation consultations are structured to give you the grounding you need before you sit down at the mediation table.
In a consultation with one of our family lawyers, you will work through:
- Your legal position, explained in plain English, including what you are entitled to and what a court would weigh in your circumstances
- What realistic outcomes look like for your specific matter, so you can assess offers fairly and know when to hold firm
- Your priorities, including what matters most to you financially, practically, and for your children, and how to articulate these in a way that moves the conversation forward
- A negotiation approach tailored to your situation, including how to respond to likely proposals and how to keep the session productive
- Every question you have been carrying, answered before you walk into the room
This is not ongoing legal representation. It is a focused, practical preparation for one specific and important conversation. The goal is simple: you walk in informed, ready, and confident.
We also advise on whether having a lawyer present in the mediation room is right for your matter. For some clients, particularly where there is a significant power imbalance, lawyer-assisted mediation offers meaningful additional support. For others, thorough pre-mediation preparation is what they need. We give you an honest assessment of which applies to your situation.
