How should I prepare for my family law mediation?

The Legal Lowdown with Tessa and Bethany - Summer 2025

How should I prepare for my family law mediation?

It has always been a requirement to participate in mediation with a Registered Family Dispute Resolution Practitioner or service prior to any court application being made for parenting orders (child custody arrangements) under the Family Law Act 1975 (Cth).

It is also now considered a requirement under the Family Law Case Management Central Practice Directions for each party to take genuine steps in resolving property settlement matters prior to seeking the Court’s assistance.  This includes participating in mediation or at the very least making enquiries about mediation services, and inviting your former partner or spouse to attend mediation to resolve your matter before it requires the Court’s assistance. 

If you are ready to participate in mediation we have come up with a summary of the top tips for your preparation as follows:-

Property matters:

Make a list of the assets and liabilities – these should include all items of property owned in your own name, your former partner/spouse’s name or in the joint names of you and your former partner/spouse, for example, cars, caravans, real estate, shares/investments, credit cards, mortgages and loans. 

Start to prepare your financial disclosure – gather your financial documents which are relevant to demonstrating your financial position.  This should include payslips, taxation returns, bank statements, superannuation balance(s) and investment statements. 

Write down figures – once you have done the above you are likely to have an estimate of the value for assets like your car or house.  Other assets like how much money is in your bank account or what your superannuation balance is will be identified by those financial disclosure documents. These figures will then be able to be used by the mediator to set out an asset and liability pool to be divided between you and your former partner/spouse.

Dot point your end plan – even if you are unsure exactly what you would ideally like to retain from the asset pool, start to dot point/brainstorm what you would like to keep i.e. the joint real estate/house and think about whether this is something you can financially support.

Parenting matters:

Write down what is happening now/following separation – it is important to firstly discuss what arrangements have been immediately put in place following separation and whether these are working or not for the children and if not, why.

Think about schedules – have a calendar ready to refer to or an organised way of presenting what arrangements are occurring now or how you would like those arrangements to look into the future.  Have your reasonings prepared for when pickups/drop offs need to happen and what other important arrangements need to be put in place around work schedules, daycare/school hours or sport commitments. 

Make a list of your concerns/risks and why – if there are risk concerns you have about the other parent or concerns you have about your child or their welfare, have these well documented with examples to explain to the mediator.  If there has been any third-party intervention with therapists, counsellors or government agencies bring copies of any paperwork relating to this. 

Mediation can occur without the assistance of lawyers at first instance, however,  if you are planning on going to mediation about property or parenting matters (or both) it can be helpful to seek advice prior to this very important event so you feel prepared and well-informed. 

At Richmond Ward Lawyers we are specialists in all things family law.  We have a face-to-face and remote office model whereby our two principals Tessa Ward (Rylstone/Mudgee based) and Bethany Richmond (Wagga/Riverina based) assist in family law matters.