If you’re facing separation, one of the first practical questions that comes up is: do both parents have to pay for mediation? It’s a fair concern, especially when money is tight and emotions are running high.
The short answer is usually yes. Both parents are generally expected to share the cost of family mediation equally, most often split 50/50. But that’s not a hard rule. The split can be unequal where one parent earns significantly less, receives Centrelink benefits, qualifies for a sliding-scale fee, or where both parents simply agree on a different arrangement.
Family mediation, or as it’s more correctly known, family dispute resolution, is an important part of the divorce process. With several systems and providers to choose from, understanding the costs and who’s liable for them helps you make the right decision for your family.
Read on to understand exactly who pays, when the costs can be split unequally, what happens if a parent refuses, and how to keep your mediation costs down.
Who Pays for Parenting Mediation in Australia?
In most cases, both parents share the cost of parenting mediation, usually split 50/50. The parent who initiates mediation typically pays for the initial intake and invitation. Once both parents agree to proceed, the remaining costs are shared equally from that point.
That said, there are several ways costs can be paid, depending on the provider you choose and the income of each party. The overall parenting mediation cost ranges from free or nominal at government-funded services, through to several thousand dollars per party at a private or lawyer-led provider. We’ll break down each option below.
Do Both Parents Have to Pay for Mediation Equally?
It’s generally accepted that both parents will share the cost evenly but this isn’t always feasible, depending on access to funds or suddenly increased living costs. There are several recognised situations where the split can be different.
- When Costs Can Be Split Unequally: An unequal split often occurs when using a private provider. It can depend on providers using a sliding scale of fees, access to funds, or an agreement between the parties.
- One Parent on a Lower Income: Many NGOs consider the income of both parties and use a sliding scale of fees. This also happens 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, so the cost of mediation for that party is reduced.
- Voluntary Agreement between Parties: This happens often, especially when the separated parents are still both accessing the same bank account, 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 pay for this mediation and any that follow.
What Happens If One Parent Refuses to Pay for Mediation?
Wondering what happens if a parent refuses mediation, or refuses to pay their share? There are a few possible outcomes, and some carry real consequences.
Mediation can still Proceed if One Parent Pays in Full:
It isn’t a positive start if one party refuses to pay. If one party decides to cover the total cost of family mediation, the mediator will spend time during intake questioning why this is the case, and then decide whether the mediation should go ahead. A reputable provider would, of course, 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 a refusal to mediate, a Section 60I certificate will likely be issued to reflect this. Other reasons to refuse may include the cost, timing, or location of the mediation and these need to be considered by the mediator before any certificate is issued.
Court Costs Orders if Refusal is Deemed Unreasonable:
If a party refuses to pay, and therefore refuses to mediate, the Section 60I certificate can be put before the court. This may lead the court to award costs against them, in favour of the party who was willing to mediate. So a refusal can carry 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 to approach Legal Aid. They will consider a number of factors before offering an alternative pathway forward.
How Much Does Parenting Mefdiation Cost in Australia?
The table below sets out the typical family mediation cost in Australia by provider type. Whatever your situation, knowing the family mediation cost Australia providers charge helps you plan. The different types of parenting plans for each party are listed below:
| 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 separated couple seeking resolution at an appropriate pace and cost |
| 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
Looking for free mediation Australia options, or at least a low-cost parenting mediation pathway? Legal Aid and government-funded organisations such as Relationships Australia offer low-cost mediation services. Different bodies have different criteria, so it’s best to check with potential providers to see what these are. In essence, government funding helps keep costs 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, clients may wait months for an appointment, and you may deal with different staff members for the first contact, intake, and mediation. The mediator may also be under huge caseload pressure, having 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 several ways to reduce your parenting mediation costs:
- If cost is a significant factor, consider the cheaper government-funded and Legal Aid pathways noted above just be prepared for the trade-offs in how they’re delivered.
- Go private and shop around. A specialist FDRP (family dispute resolution practitioner) gives you expertise and a business geared towards successful mediation, so compare providers, ask questions, and consider the modalities they offer.
- Avoid lawyer-mediator-led mediation if cost is a factor. You’re getting exactly the same expertise as an FDRP, but you’ll likely pay a premium, legal-rate cost for the privilege.
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 With Resolution Australia
So, do both parents have to pay for mediation? Usually yes, and usually equally but as we’ve seen, that’s not a hard rule. The split can change with income, Centrelink benefits, sliding-scale fees, or a simple agreement between you. And if one parent refuses to pay or take part, it can carry real consequences, including possible court costs orders.
Just as important is who you choose. Your provider has a major impact on the total parenting mediation cost from free and low-cost government services, to private specialists, to premium lawyer-led mediation. Knowing the difference helps you find quality support without overpaying.
Resolutions Australia sits firmly in the affordable, specialist space. We mediate exclusively online, publish all our prices openly, and pride ourselves on being accessible to every family. If you’re ready to take the next step with a cost-effective, timely, and supportive mediation provider, get in touch. We’re ready to help.
FAQs
Do both parents have to pay for mediation in Australia?
Usually, yes costs are most often shared 50/50. However, the split can be unequal where one parent earns less, receives Centrelink, qualifies for a sliding-scale fee, or where both parents agree on a different arrangement.
What happens if a parent refuses mediation?
If a parent refuses to mediate (or refuses to pay as a way of avoiding it), the mediator may issue a Section 60I certificate. This can be presented to the court, which may order costs against the refusing parent and direct them back to mediation.
How much does parenting mediation cost in Australia?
It depends on the provider. Government-subsidised services range from free to around $60 per hour, private providers typically charge $1,000–$3,000 per party, and lawyer-led mediation can run $3000+ per party.
Can one parent pay for the whole mediation?
Yes. One parent can choose to cover the full cost. The mediator will discuss the reasons during intake before deciding whether to proceed with mediation.
