Family law mediation preparation checklist
Most family law matters resolve at mediation. Proper preparation significantly improves the chances of settlement. This checklist runs through the standard preparation steps.
This is a 12-step checklist for preparing a family law client for mediation, family dispute resolution (FDR), or court-ordered conciliation. It covers the documentation, settlement parameters, and client preparation needed for a productive session.
The checklist
Confirm the type of mediation
Identify whether it is FDR (s 60I), private mediation, or court-ordered conciliation. Each has different rules and dynamics.
Choose the mediator
For private mediation, agree on the mediator with the other party. Consider experience, style, and cost.
Confirm property pool
For property settlement matters, confirm the agreed property pool with current values. Identify any disputed items.
Identify settlement parameters
Discuss with the client the realistic settlement range. Identify the best, target, and worst-case outcomes.
Prepare a position statement
Draft a written position statement summarising the client's position, the legal framework, and the proposed settlement terms.
Brief the client on the process
Explain how mediation works, the role of the mediator, the confidentiality, and the practical logistics.
Identify any safety considerations
For matters involving family violence, identify any safety needs — separate rooms, support persons, electronic mediation.
Prepare opening statement
Draft a brief opening statement the client can give at the start of the mediation.
Prepare the supporting documentation
Bring property valuations, financial statements, and any expert reports needed during the negotiation.
Discuss BATNA / WATNA
Discuss the Best and Worst Alternative to a Negotiated Agreement — typically court outcomes if mediation fails.
Confirm authority to settle
Confirm the client has full authority to settle. If not, identify who needs to be available by phone during the mediation.
Prepare the heads of agreement template
Have a heads of agreement template ready to record any settlement terms reached during the mediation.
When this checklist applies
Use this checklist 1-2 weeks before any family law mediation. Some items (like the position statement) take time to prepare properly.
Common pitfalls
- Insufficient settlement range discussion before the day
- Not identifying safety considerations for family violence matters
- Inadequate position statement
- Client not understanding the BATNA / WATNA
- No heads of agreement template ready
Run this checklist on a real matter
Quillio drafts position statements for family law mediation, calculates property pool scenarios, and generates heads of agreement templates. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide. Adapt for the specific mediation type, the matter, and the client's circumstances.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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