Is Family Mediation Compulsory in Queensland?

If parenting arrangements or financial issues need to be resolved after separation, one of the first questions many people ask is whether family mediation is required before court proceedings can begin. In many parenting matters, family dispute resolution must usually be attempted before an application is made to the Court, unless an exception applies. In property matters, the position is slightly different, but mediation is still strongly encouraged and parties are generally expected to take genuine steps to resolve the dispute before filing.

Family mediation, also known as Family Dispute Resolution (FDR), is a structured process in which an independent practitioner helps separating parties work through disputes without the need for contested court proceedings. It is commonly used for parenting matters, property settlement discussions, and other financial issues arising after separation.

When is mediation usually required?

For parenting matters, mediation is required before an application is filed in the Federal Circuit and Family Court of Australia, unless a recognised exception applies. In most cases, a genuine attempt at family dispute resolution is expected before parenting proceedings are commenced, and a section 60I certificate is usually required unless an exemption applies.

In practical terms, this means the Court will usually expect mediation to have been attempted first, or for there to be a valid reason why it was not appropriate in the circumstances.

What about property settlement matters?

The position is slightly different for property settlement matters. There is not currently the same statutory requirement to attempt family dispute resolution before filing a property application, but parties are still generally expected to have genuinely explored resolution before commencing proceedings. Mediation can be an effective way to try to reach agreement before court becomes necessary.

As a practical step, mediation can be particularly helpful in property matters because it may assist parties to narrow the issues in dispute, resolve matters earlier, and avoid unnecessary legal costs.

When might mediation not be required?

There are circumstances where mediation may not be appropriate before court proceedings begin. These can include situations involving family violence or significant safety concerns, child abuse or risk of abuse, urgent matters, or cases where a party is unable to participate effectively in mediation.

Safety is a central consideration in family dispute resolution, and suitability is always an important part of the process.

Why is mediation encouraged?

Mediation is encouraged because it can provide a more practical and less adversarial pathway to resolution after separation. It is often a faster, more cost-effective, and less stressful alternative to court, while also allowing parties to retain more control over the outcome instead of having a decision imposed by a judge.

So, is family mediation compulsory in Queensland?

For many parenting matters, family mediation is generally compulsory before court proceedings can be started unless an exception applies. For property matters, the position is more nuanced, but mediation is still strongly encouraged and pre-action requirements should be considered before filing.

Even where mediation may not be strictly required, it is often a valuable opportunity to resolve issues more quickly, reduce conflict, and avoid the cost and stress of prolonged litigation.

If the circumstances are unclear, obtaining advice about whether mediation is required, appropriate, or exempt can help determine the most suitable next step.

Family mediation services with Clarity Mediation Centre

Clarity Mediation Centre provides family mediation services for separating couples who want to resolve disputes in a calm, structured, and respectful environment. Services are available for parenting arrangements, property settlement discussions, and financial matters arising after separation. Mediation can take place in person on the Gold Coast or online across Australia, providing flexible options for families in different locations.

For more information about mediation costs or to arrange a session, Clarity Mediation Centre can assist with the next steps.

Contact Clarity Mediation Centre to book your session today.