Mediation and negotiation
Most family law matters are resolved by agreement rather than by a judge. That agreement is usually reached at mediation, or in negotiations between lawyers, and it is almost always faster and less punishing than a contested hearing.
None of that means turning up and hoping for goodwill. A mediation you walk into unprepared is a day spent finding out you were not ready. We prepare them the same way we prepare a hearing, which is generally why they work.
What we help with
Situations we act in
We are commonly asked to help with:
- Family dispute resolution before a parenting application, including obtaining a section 60I certificate
- Lawyer-assisted mediation on property, superannuation and debts
- Preparing you for a mediation someone else has organised
- Negotiating directly with the other side’s lawyer, without a mediator
- Arbitration, where you want a binding financial decision without a court list
- Turning something you have already agreed into consent orders that hold
- Matters where family violence means the usual process needs adjusting or is not appropriate at all
- Reaching agreement after proceedings have already started, which is still the common outcome
How we approach it
How Ben and Troy run a mediation and negotiation matter
A mediation is won in the fortnight before it, not on the day. That shapes how we run them.
- Disclosure first, always
- You cannot sensibly settle a property matter without knowing what there is to divide. Since 10 June 2025 the duty of full and frank disclosure has been in the Family Law Act at section 71B and it applies before proceedings begin, so it applies at mediation. An agreement reached on incomplete information is an agreement that can be unwound later.
- We go in with a range and a walk-away point
- Knowing the realistic range before the day is what makes an offer easy to assess under pressure. Without it, people accept a figure because the room is tiring rather than because it is fair.
- Safety changes the format, and sometimes the answer
- Where there is family violence, mediation may need to be shuttle-style, remote, or not attempted at all. A family dispute resolution practitioner can issue a certificate saying it is not appropriate. Being pushed into a room with someone you are afraid of is not dispute resolution.
- An agreement is not finished until it is documented
- A heads of agreement signed at 6pm is a good day’s work and not yet enforceable. Consent orders or a financial agreement are what make it stick, and drafting them properly is the difference between a settlement and a second argument.
Typical process
What usually happens, step by step
Every matter differs, but the shape is usually this.
- 01
Advice and preparation
We work out what is genuinely in dispute, what the realistic range is, and what evidence or valuations are needed before anyone sits down.
- 02
Choosing the right process
Family dispute resolution for parenting, lawyer-assisted mediation for property, arbitration where you want a binding financial decision, or straight negotiation between lawyers. They suit different matters and we will tell you which fits yours.
- 03
The day itself
Most mediations run in separate rooms with the mediator moving between them. We do the negotiating and the drafting, and you make the decisions.
- 04
Documenting the outcome
Parenting agreements become a parenting plan or consent orders. Financial agreements become consent orders or a binding financial agreement. That step happens promptly, while the terms are still fresh and agreed.
Questions
Common questions
Do I have to go to mediation before applying to court?
What is a section 60I certificate?
Is anything I say at mediation confidential?
What if there has been family violence?
What is arbitration, and how is it different?
Can we mediate if court proceedings have already started?
Do I need a lawyer at mediation?
Who acts for you
Ben Vincent
Family lawyer and co-founder
Accredited Specialist in Family Law
Ben@vincentbroussard.com.auFull profile
Related
- Parenting and childrenWhere the children live, how time is shared, and what happens when you cannot agree.
- Property settlementsDividing property, superannuation and debt, and working out what a fair split looks like.
- Court and urgent mattersCourt documents, proceedings, urgent injunctions, recovery orders and Family Law Watchlist orders.
Reviewed by Ben Vincent on .
This page is general information about family law in Victoria. It is not legal advice and it does not take your circumstances into account. Speak with a family lawyer before acting on it.