Many people consider mediation or other dispute resolution processes as a way to resolve family law matters without going to Court.
While reaching an agreement outside the courtroom can often be a positive outcome, it is important to understand your legal rights and options before making decisions that may affect your future.
Why Obtain Legal Advice Before Dispute Resolution?
Before participating in mediation, Family Dispute Resolution (FDR), arbitration or settlement negotiations, you should consider obtaining advice from an experienced family lawyer.
A lawyer can help you:
- understand your legal rights and responsibilities;
- identify the important issues in dispute;
- assess the strengths and weaknesses of your position;
- understand the likely outcome if the matter proceeded to Court;
- determine whether mediation or another dispute resolution process is appropriate; and
- prepare a negotiation strategy that protects your interests.
Having a clear understanding of your legal position can help you participate in dispute resolution confidently and make informed decisions.
Do I Need a Lawyer at Mediation?
Whether you have a lawyer attend mediation with you depends on your circumstances.
In some matters, clients benefit from having a lawyer present to:
- provide legal advice during negotiations;
- assist with evaluating proposed outcomes;
- help ensure any agreement reached properly protects their interests; and
- assist with documenting the outcome.
In other situations, clients may choose a more limited form of legal assistance, such as obtaining advice before mediation or having documents reviewed.
At Mathews Family Law & Mediation Specialists, we offer flexible options including full representation and unbundled family law services, allowing clients to access the level of legal support that best suits their needs.
Is Dispute Resolution Always Appropriate?
While dispute resolution is encouraged in many family law matters, it is not suitable for every situation.
An experienced family lawyer can advise whether negotiation, mediation, Family Dispute Resolution, arbitration or Court proceedings are the most appropriate pathway in your circumstances.
Factors that may affect the suitability of dispute resolution include:
- family violence or safety concerns;
- significant power imbalances between parties;
- urgency;
- complexity of financial matters; or
- the willingness of each person to negotiate constructively.
Family Law Mediation and Dispute Resolution Specialists Melbourne
Mathews Family Law & Mediation Specialists assists clients throughout Australia with negotiation, mediation, Family Dispute Resolution and complex family law matters.
Our Accredited Family Law Specialists and Mediators combine specialist legal knowledge with dispute resolution expertise to help clients work towards practical and sustainable outcomes.
Contact our team to arrange a consultation about your family law matter.
About Vanessa Mathews — Accredited Family Law Specialist
This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.
Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.
Last reviewed: 24 July 2026
Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.
