FAQs

Choosing mediation can feel like a big step, and it’s natural to have questions about how it works. Below are some of the most frequently asked questions I receive about mediation in New South Wales.

Is mediation legally binding?

Mediation itself is a voluntary process, which means the discussions that take place are not legally binding. However, if parties reach an agreement, this can be recorded in writing and formalised either as a binding contract, consent orders (in the case of court-related matters), or another form of enforceable agreement.

What happens if we don’t reach agreement?

Not every mediation results in a final agreement, though many do. Even if full resolution isn’t reached, mediation often helps to narrow the issues, improve communication, and clarify options. If agreement isn’t possible, parties can still proceed to court or another dispute resolution process.

Who pays for mediation?

In most cases, the costs of mediation are shared equally between the parties. However, other arrangements can be made if everyone agrees. Sharing costs reinforces the collaborative nature of the process.

Can my lawyer attend?

Yes. Parties are welcome to bring their lawyer to mediation if they wish. Some people prefer to attend on their own, while others find it helpful to have legal support. The choice is entirely yours. If lawyers are present, they participate alongside you, not instead of you.

How long does mediation usually take?

The length of mediation depends on the complexity of the issues and the willingness of parties to negotiate. Many matters can be resolved in a half-day or full-day session, while more complex disputes may require additional sessions. Mediation is still almost always faster and more cost-effective than going to court.

Still Have Questions?

If you have other questions about the mediation process, I’d be happy to discuss them with you.

Contact me today for a confidential discussion and tailored advice on whether mediation is right for your situation.