Private mediation is arranged independently by the parties involved. Typically, you hire an accredited mediator to help negotiate agreements on parenting, property, or financial matters.

Key points about private mediation:

• Flexibility: You choose the time, place, and structure of sessions.
• Privacy: Discussions are confidential and not recorded in court documents.
• Cost: Usually paid by the parties themselves, so costs can vary.
• Control: You and the other party have more say over the process and outcome.

Private mediation can be particularly useful if both parties are willing to cooperate and want a quicker, less formal resolution.

Also called Family Dispute Resolution (FDR), court-ordered mediation is mandated under the Family Law Act 1975 before certain court applications can proceed, particularly for parenting matters.

Key points about court-ordered mediation:

• Mandatory for Parenting Matters: A Section 60I Certificate is usually required before filing for parenting orders.
• Structured Process: Sessions are conducted by an accredited FDR practitioner following strict legal guidelines.
• Cost: May be subsidised or lower than private mediation, but fees can still apply.
• Enforceability: While agreements reached can form the basis of consent orders, the court has oversight to ensure fairness.

Court-ordered mediation is designed to encourage negotiation while ensuring that children’s best interests are considered and legal obligations are met.

Choosing between private and court-ordered mediation depends on your situation:

• If you and the other party are cooperative and want flexibility, private mediation may be the better choice.
• If the matter involves children and legal compliance is necessary, court-ordered mediation ensures the process meets Family Law requirements.

Both private and court-ordered mediation offer opportunities to resolve disputes without a full trial. Understanding the differences in cost, timing, flexibility, and enforceability can help you make the best decision for your circumstances. Seeking legal advice before starting mediation can also provide clarity and protect your rights.