1. Intake Mediation Toolkit

(Before Mediation: Understanding the Process & Getting Ready)

What is Family Dispute Resolution (FDR)?

Let’s be real—separating can be messy, stressful, and expensive. But mediation (aka Family Dispute Resolution or FDR) exists to make things easier, cheaper, and way less dramatic than court.

Under Australian family law, parents must attempt mediation before applying to the court for parenting orders (unless there are safety concerns or urgent issues).
The goal? Find solutions that work for your family without a judge making decisions for you.

A Family Dispute Resolution (FDR) practitioner (aka the neutral, trained mediator) will help you:
- Sort out parenting arrangements, property, and finances
- Reduce stress and avoid unnecessary legal battles
- Keep things fair, calm, and focused on the future

If mediation doesn’t work out, you may receive a Section 60I Certificate, allowing you to apply for parenting orders in court.

Your Intake Session: What to Expect

Before mediation kicks off, each person meets separately with the mediator for a private intake session. This is where you can:

• Share your side of the story (without interruptions)

• Talk about what you need and where you're willing to compromise

• Any current parenting plans or court orders

• Raise any concerns (big or small)

• Talk about what you need and where you're willing to compromise

• Make sure mediation is safe and appropriate for your situation

Support is welcome! You can bring a support person or lawyer if you feel it would help—just make sure they’re there to keep things productive, not stir the pot.

What to Bring to the Intake Session

Think of this like a separation starter pack—the more prepared you are, the smoother things will go.

For Parenting Discussions:

• A rough schedule of what you think will work for parenting time

• Important school, medical, and extracurricular details

• A wish list for holidays, birthdays, and special occasions

• Any current parenting plans or court orders

For Financial & Property Discussions:

• Bank statements, mortgage details, and superannuation info

• A list of assets and debts (houses, cars, loans, etc.)

• Details of any business or shared financial commitments

• Your ideal financial settlement goals

Pro tip: Be honest. Not disclosing all financial information has serious legal consequences such as costs orders, findings of contempt and in some circumstances, even imprisonment.

Parenting & Financial Considerations: Things to Think About

Before jumping into mediation, take some time to think about your priorities—what matters most, what’s flexible, and where you’re willing to negotiate.

For Parenting Plans:

• What’s your ideal living and care schedule?

• How will big decisions (education, health, religion) be made

• What’s the plan for holidays, birthdays, and school breaks?

• What communication rules will you follow as co-parents?

For Property & Finances:

- How will assets, debts, and finances be divided?
- Will one person stay in the family home, or will it be sold?
- What happens to superannuation and long-term investments?
- Will one person pay spousal maintenance?