FREQUENTLY ASKED QUESTIONS

What is Mediation and what are its benefits?

Family law mediation is a confidential process where separating couples or family members work with a neutral third party, called a mediator, to resolve disputes related to family matters.

The mediator’s role is to facilitate open, constructive communication between the parties, helping each person understand the other’s position and perspective. Unlike a judge or a lawyer, the mediator does not make decisions, take sides, or provide legal advice. Instead, they guide the conversation, keep discussions focused on the legislative framework, and ensure the process remains productive. The mediator supports the parties to work toward a set of clear, agreed, and enforceable terms of agreement that are either just and equitable or in the best interest of their children.

Only an Accredited Family Law Dispute Resolution Practitioner (of which Mali is one), can assess and determine whether or not family dispute resolution is appropriate for your specific matter and either conduct that mediation or if appropriate issue a s60I certificate.

Family law mediation is often preferred because:

  • Mediation is required under the law to commence family law proceedings (unless you fit the exemptions required under a s60I certificate, which Mali can issue if appropriate)
  • Mediation is required under the current case management standards in family law proceedings prior to trial unless otherwise ordered by the Court
  • It is significantly more cost-effective compared to court proceedings
  • It allows for personalised agreements tailored to your family’s needs
  • It is confidential and flexible  – you can attend with or without a lawyer
  • It is less stressful, encouraging cooperation rather than conflict and evidence gathering

This approach is particularly beneficial for families who want to maintain a positive relationship post-separation, especially when children are involved.

At Mali Maharaj Mediations, we ensure matters progress quickly and that you are informed and prepared for your mediation to best use the day to its full.

How to book a Mediation or Parenting Coordination Service

Step 1: Check the booking Calendar

Check the booking calendar for our availability 3 months in advance

Once a date and model of mediation is agreed with the other party, book your Mediation date via the bookings page BOOKINGS. See the image for an example of the options available and pay for the service in the prescribed time to confirm booking.

Step 2: Book and pay for your individual pre-teleconference appointment

Each party should then book a suitable time and date for their individual and confidential pre-teleconference appointments with the Mediator. Book this at least 7 days before the Mediation date. See image for an example of this option :

This may take up to 1 hour per party via telephone.

During this time, the mediator will:

  • Explain how the mediation will run based on the information provided i.e. (jointly or via shuttle and whether its best for it to occur electronically or in person )
  • Assess safety concerns – is there domestic and family violence allegations or domestic violence orders and how can the mediation be facilitated in a safe way – i.e. electronically is a good option in these matters
  • Identify important documents that may need to be read (e.g., child reports, valuations)
  • Explain the process and answer your questions
  • Discuss how you can prepare for your mediation – i.e. for property matters – ensure you have organised valuations of the disputed assets, liabilities and superannuation and these reports are available prior to the mediation. If your dispute is about parenting then ensuring you have provided to each of the parties prior to the mediation, any documents that need to be discussed i.e. medical documents that relate to any asserted medical conditions or learning issues your child may have, any family report or relevant schooling documents.

Note: Mediators provide legal information only—not legal advice. If you are self-represented, we recommend seeking independent legal advice prior to the Mediation.

We have partnered with Caxton Legal Service to offer a direct referral pathway for their Mediation representation service which is an assessment-based service at their discretion. Please contact us once your mediation is booked for a referral. CONTACT US

If you do not have a private lawyer, please see our resources page.

For clients without lawyers that wish to start the mediation process

If there is no agreement as yet to mediate but you wish to start that mediation process – please click and follow the prompts on the booking page for the ‘Commence Mediation‘ option where we will send correspondence and contact the other party offering an invitation to mediate. If there is no participation, we will assess a 60i certificate without delay. Your payment of $320 inclusive of GST will go towards your mediation fixed fee or if there is no participation, it will be used for the s60i Certificate assessment.

Step 3: Mediation Agreement

Once the online booking form is completed after choosing your preferred mediation model, a Mediation Agreement will be sent for you to sign that outlines the terms and conditions.

Step 4: Mediation

The mediation will occur on the agreed date and location as booked through the booking page. If you have booked a Co-Mediation or Child Inclusive Conference, these dates may need to be rescheduled with consultation of the parties if a child & family court expert is unavailable on the date booked. Our Mediator will work closely with you or your lawyer to ensure you both agree to any new dates. Important things to remember :

  • If you require an interpreter – there are a number of options that include booking via TIS at the requiring parties costs. See the calculator here for an estimate : https://www.tisnational.gov.au/Our-services/Pricing/Cost-calculator. If you require assistance in this booking, please contact us without delay
  • Only approved parties may participate i.e generally no partners are allowed in the mediation process. If you have support people please discuss this with the mediator at the tele conference
  • Children are not allowed during a mediation (other than for Child Inclusive Models) — please arrange care for them in advance for the duration of the mediation times booked
  • Child Inclusive Mediations – children are only participants for their interviews with the Child & Family Expert., often on a different day to your mediation date. The Child & Family expert will work with your family to organise the best date for the children’s interviews. Once your child has attended their interviews, the Child & Family Expert will provide the parties with this information at the start of the Mediation process and provide some time for you to obtain independent legal advice as to those views and wishes.
  • It can be a emotionally taxing day for you – try to have a good sleep and be prepared for the day with your lunch and fuelling needs prepared in advance for the day
  • If you are self represented and have booked a mediation via teams – ensure you have downloaded the appropriate tools on your phone or device to electronically sign i.e PDF writer or Adobe. There are many free versions on the market.

Who is a Child & Family Expert and what is their role?

A Child & Family expert is  a qualified psychologist, psychiatrist or social worker who has experience with working with children and families. In a mediation setting, they work as specialist advisors who provide independent guidance to the parties to assist in reaching the best possible outcomes for children.

Mali Maharaj Mediations has curated an experienced panel of Child & Family Experts including:

  • Madison O’Flynn (Experienced Social Worker based in Townsville)
  • Ms Lizanne Pluu (Experienced Social Worker based on the Gold Coast)
  • Ms Jana Bodak (Experienced Social Worker based in Brisbane)
  • Felicity Jenkins (Experienced Social Worker based in Brisbane)
  • George Butterworth (Experienced Social Worker based in Brisbane)
  • If you wish to see more information, we can send their CV or see here CHILD & FAMILY EXPERTS

What is Parenting Coordination?

Parenting Coordination is a type of dispute resolution process where the parties already have an agreement – whether that is via a parenting plan or a court order, and your family would benefit from on- going assistance to implement those orders / plans.

Parenting Coordination might suit those parties who :

  • Have unresolved daily parenting disputes (e.g., changeovers, school or extra-curricular issues).
  • Face difficulties implementing court orders or parenting plans, especially joint decision-making (e.g., schooling, religion, medical decisions).

Benefits include:

  • Significantly lower cost than litigation or ongoing legal fees
  • Less emotional stress and faster resolution
  • Greater focus on children’s needs
  • Bookings can be made within days when required depending on availability. Please see the bookings page where availability is updated every 3 months

🔗 Parenting Coordination Brochure

How Can a Parenting Coordinator Be Appointed?

Can a Parenting Coordinator Provide Legal Advice? Is It Confidential?

  • No, Parenting Coordinators can only provide legal information, not advice.
  • Parenting Coordination is not confidential and is not bound by the usual confidentiality rules of mediation.

What is the duration of Parenting Coordination?

This is based on your Court Orders or Parenting Plan and is generally tailored to your family’s needs. Typically:

  • 1 x 60-minute session per parent per month (or quarterly).
  • 1 x 90minute joint session per parent (either monthly or quarterly)
  • Duration: 6 months to 2 years, depending on circumstances.

What are the structure & fees of the Parenting Coordination?

  • Initial 1-hour individual per parent appointment: $400 per parent (phone or Teams).
  • 90-minute joint/shuttle session: $800 (joint payment unless agreed otherwise). This includes a summary letter provided jointly to the parties at the end of each joint session . Each party must obtain their own independent legal advice as to any agreements that may alter any parenting plan or court order.
  • Additional sessions: $400/hour.

What Can I Do If I Don’t Have a Lawyer?

You should make informed decisions that reflect your family’s unique situation within the legal framework. Mediators or Parenting Coordinators cannot provide legal advice—only legal information.

Visit the Resources page for a list of services offering free legal advice.

We have partnered with Caxton Legal Service to offer a direct referral pathway for their Mediation representation service, which is an assessment-based service at their discretion. Please contact us once your mediation is booked for a referral. CONTACT US

I want an In-Person Mediation – what are my options?

You may choose:

  • A lawyer’s office, or
  • A venue arranged by our practice.

Room hire: $310–$470/day, depending on size.
Common venues:

Will the Mediator Travel for In-Person Mediations?

Please contact us to discuss options including interstate or regionally based matters.