Introduction
Family mediation, or as it’s more correctly known, family dispute resolution, is an important part of the divorce process. There are a number of family mediation systems and providers available and understanding costs and liabilities for them is essential to decision making.
Who Pays for Parenting Mediation in Australia?
There are a number of ways costs can be incurred and paid for with family mediation. Much depends on the type of provider chosen and the income (and source of income) of the parties involved.
Do Both Parents Have to Pay for Mediation Equally?
- Yes by default but exceptions exist: It’s generally accepted that the two parties in conflict will share the costs evenly. This isn’t always feasible in terms of access to funds or suddenly increased living costs.
- When costs can be split unequally: An unequal split often occurs when utilising a private provider. It can be dependent on providers using a sliding scale of fees, access to funds, or an agreement between the parties.
- One parent on a lower income: Many NGO’s consider the income of both parties and utilise a sliding scale of fees. This does occur to some extent with private providers. Our advice at Resolutions Australia is to ask your potential provider about this.
- One parent receives Centrelink benefits: Certain government agencies or government funded organisations make provision for those receiving welfare payments and thus the cost of mediation for that party is reduced.
- Voluntary agreement between parties: This happens often especially when the separated parties are still both accessing the same bank account. This is usually soon after separation.
- Documented in the mediation agreement: Depending on the financial state of the parties this can be an option. Essentially one aspect of the mediation agreement is who will be paying for this, and subsequent mediations.
What Happens If One Parent Refuses to Pay for Mediation?
- Mediation can still proceed if one parent pays in full (paying parent’s choice): It really isn’t a positive start to mediation if one party refuses to pay. If one party decides to pay for the total cost of family mediation then the mediator will spend time during intake questioning why this is the case and then making decisions regarding the mediation going ahead. Of course a reputable provider would refund any relevant payments if mediation didn’t proceed!
- Risk of refusal Section 60I certificate consequences: If the refusal to pay is an indicator of refusal to mediate then it is likely a section 60i certificate will be issued that reflects this. Other reasons to refuse may include the cost, timing, or location of the mediation. These need to be considered by the mediator prior to the issuing of a certificate.
- Court costs orders if refusal is deemed unreasonable: If a party refuses to pay and thus refuses to mediate then the section 60i certificate can be put before the court to indicate this. This may lead the court to award costs to the party who was willing to mediate. Thus a refusal can have significant financial consequences.
- Legal Aid alternative if one parent can’t afford private mediation: If a refusal is based on cost the alternative may be an approach to legal aid. They will consider a number of factors before offering an alternative pathway forward.
How Much Does Parenting Mediation Cost in Australia?
| Mediation Type | Cost (Per Party) | Best For |
| Legal Aid/government subsidised charities | Nominal, from free up to about $60 per hour | Those on a very limited income or welfare. |
| Private providers | Usually between $1000 and $3000. Lots of variables. | Any split couple seeking resolution at an appropriate pace and |
| Lawyer mediation | Substantial, $2000-$4000+ | Quite honestly, in our opinion it’s effectively the same as utilising a family mediator. |
Free and Low-Cost Mediation Options for Parents
Legal Aid and government funded organisations such as Relationships Australia offer low cost mediation services. Different bodies have different criteria and it’s best that individuals check with potential providers to see what these are. In essence government funding helps ensure that costs are kept low which makes family mediation accessible for all.
While these organisations play an important role they do differ significantly from private providers. The intake and mediation sessions are usually shorter in length, clients may have to wait months for an appointment, and the parties may end up having to deal with different staff members for the first contact, intake, and then mediation, and lastly the mediator may be under huge caseload pressure and have only picked up your file a few minutes before mediation.
Hidden Costs of Parenting Mediation You Should Know
There are a number of hidden mediation costs that may arise based on the type of provider selected. At Resolutions Australia we always recommend asking your provider to outline in detail each and every cost associated with the family mediation.
If choosing the most costly mediation option, that of using a family lawyer who is qualified in family dispute resolution, the hourly rate charged will likely be at the full legal rate, i.e you’re paying lawyer fees for mediation expertise. They may also recommend having your family lawyer present to advise you. This isn’t necessary for mediation, rather it’s an option to consider. The cost for this can be significant.
Other charges we at Resolutions Australia are aware of include secretarial support for documenting proceedings, room hire (within the mediator’s own law firm(!), admin type charges for drawing up the agreement reached, I.T fees for using an interactive whiteboard, recording device etc, and even a ‘storage’ fee for having the lawyer-mediator keep a copy of the agreement reached.
When using a private, specialist mediation business they should be completely upfront about all costs. Total mediation packages usually cost between $2000 and $6000. The exact amount should be noted with clients from the start and clients should never go with a provider who tries to deflect discussion around costs or suggest waiting until the end to total them. Also avoid any provider who gives a broad range or fails to be able to justify their ‘estimate.’ of costs.
Importantly, there are often extra costs with family mediation that are difficult to avoid. They’re not hidden as such, more additional and important. Examples of these include travel costs, accommodation, time off work, meals while away etc. Many clients may now be living in different towns or cities to their former partner so travel needs to be considered. Some clients may be in remote locations where family mediation simply isn’t available.
At Resolutions Australia we mediate online exclusively. This ensures that the associated costs (and stresses) of travel aren’t issues.
How to Reduce Your Mediation Costs
There are a number of ways to do this. Firstly, if cost is a significant factor then consider the cheaper pathways noted above. Just be prepared for the more negative aspects of their provision. Secondly, go private and shop around. By using a specialist FDRP (family dispute resolution practitioner) you’re signing on to expertise, specialised skills, and a business geared towards successful mediation. The costs can vary so shop around, ask questions, consider the modalities offered.
Avoid lawyer-mediator led family mediation if cost is a factor. You’re getting exactly the same expertise as meeting with an FDRP but you’ll likely be paying a premium, legal cost for the privilege of doing so.
A reminder, Resolutions Australia offers one of the most cost affordable private mediation options in Australia. We mediate exclusively online, have all our prices on our website (resolutionsaustralia.com.au) and pride ourselves on being accessible to all.
Summary: Get Affordable Parenting Mediation Help
Your choice of family mediation provider is impacted by a number of important factors. If you’re ready to take the next step and utilise a very cost effective, timely, and engaging mediation provider then get in touch with us here at Resolutions Australia! We’re ready to help.
