Property & Financial Mediation

Property & Financial Mediation – Frequently Asked Questions

What is Property Mediation?

Property Mediation is a structured dispute resolution process that helps separated couples negotiate the division of their property, finances, assets and liabilities.

An impartial Mediator assists both parties to identify the issues in dispute, consider relevant information, make proposals and explore whether an agreed property settlement can be reached.

Property Mediation may also be described as property settlement mediation, financial mediation or family law property mediation.

The Mediator does not decide what each party should receive and does not provide legal or financial advice. The parties remain responsible for making their own decisions and are encouraged to obtain independent professional advice.

What can be discussed during Property Mediation?

The matters discussed will depend on your individual circumstances. Property and financial mediation can include:

• the family home and investment properties
• mortgages and other property-related debts
• bank accounts and savings
• superannuation
• shares and investments
• motor vehicles, boats and other assets
• business and company interests
• trust interests and other financial resources
• credit cards, personal loans and other liabilities
• personal property and significant household items
• companion animals where relevant
• proposals for the sale, transfer or refinancing of property
• other practical steps required to finalise the parties' financial relationship.

Your proposed agenda and the information needed for mediation can be discussed during your individual Intake & Assessment session.

Do we need to identify the entire property pool?

Meaningful property settlement discussions require both parties to have a reasonable understanding of the assets, liabilities, superannuation interests and financial resources relevant to their circumstances.

Financial disclosure is particularly important in family law property matters. If Court proceedings are being considered, parties also have formal disclosure obligations.

Our Property Mediation Guide can assist you to organise information about the property pool before mediation. You should obtain independent legal and financial advice where necessary.

Is my dispute suitable for Property Mediation?

Property Mediation can assist with matters ranging from relatively straightforward separation property settlements through to disputes involving multiple assets and more complex financial arrangements.

Every situation is different, which is why each party completes a separate and confidential Intake & Assessment session before mediation proceeds.

The Mediator considers whether mediation is appropriate, including any safety concerns, family violence, significant power imbalances or other circumstances that may affect either party's ability to participate freely and effectively.

Where appropriate, alternative formats such as telephone, video or shuttle/no-direct-contact mediation can be considered.

What if family violence or significant conflict is involved?

The presence of past or current family violence does not automatically determine whether a Property Mediation process can or cannot proceed.

Safety and suitability are assessed individually before and throughout the process. Depending on the circumstances, mediation may proceed with additional safeguards, including separate participation or no-direct-contact arrangements.

If the Mediator determines that the matter is not appropriate for mediation, the process will not commence or may be discontinued.

Who can start Property Mediation?

Either party can contact Northern Frontiers and commence the mediation process.

You can advise your former partner yourself that you would like to mediate, or Northern Frontiers can contact them as part of our formal invitation process.

If you prefer to limit direct contact with the other party, let Reception or your Mediator know during the Intake & Assessment process.

What happens if the other party refuses to mediate?

You can still complete your Intake & Assessment session and Northern Frontiers can formally invite the other party to participate.

If the other party does not participate, mediation cannot proceed as a joint dispute resolution process. However, you may wish to use our Property Proposal Preparation service to develop a structured settlement proposal.

Northern Frontiers may also be able to provide a Proof of Mediation letter confirming relevant steps taken through our process. A fee applies.

A Proof of Mediation letter is not a section 60I certificate and does not replace any Genuine Steps Certificate or other document required by the Court. You should obtain legal advice about the pre-action and filing requirements applying to your circumstances.

What is a Record of Property Agreement?

If agreement is reached during mediation, Northern Frontiers can prepare a Record of Property Agreement setting out what the parties have agreed.

This can include the agreed division of assets and liabilities together with practical actions such as selling property, refinancing loans, transferring assets or dealing with other agreed financial arrangements.

The Record of Property Agreement provides a clear written record of the mediated outcome. However, it should not be confused with Consent Orders or a Financial Agreement.

Parties should obtain independent legal advice about how their agreement should be formally documented and made legally effective.

What is the difference between Consent Orders and a Financial Agreement?

If separated parties reach agreement about their property and finances, there are different ways the agreement may be formally documented.

Consent Orders are agreed orders submitted to the Court for approval. If approved, they become legally binding Court orders without the parties ordinarily having to attend a Court hearing.

A Financial Agreement is a private agreement made under the Family Law Act. Specific legal requirements apply, including independent legal advice.

Northern Frontiers does not prepare Consent Orders or Financial Agreements and does not provide legal advice. Your family lawyer can advise which option is appropriate for your circumstances.

Do I need a section 60I certificate for Property Mediation?

No. A section 60I certificate concerns Family Dispute Resolution about parenting matters. It is not required for an application seeking only property or financial orders.

If you also have unresolved parenting matters, please see our Parenting Mediation & Family Dispute Resolution information.

What does the Northern Frontiers Property Mediation process involve?

Step 1 – First Intake & Assessment
The first party meets privately with the Mediator to discuss the circumstances, identify the issues in dispute and consider whether the matter is suitable for mediation.

Where appropriate, Northern Frontiers is authorised to contact the other party and invite them to participate.

Step 2 – Second Intake & Assessment
If the other party agrees to participate, they complete their own separate and confidential Intake & Assessment session.

Step 3 – Preparation and exchange of information
The parties identify the property and financial issues that need to be discussed and prepare relevant information before mediation. The complexity of this stage will depend on the size and nature of the property pool.

Step 4 – Property Mediation
The Property Mediation session is facilitated by an impartial Mediator. The parties identify issues, consider proposals, reality-test possible outcomes and work towards agreement.

Additional sessions can be arranged where required. The number and length of sessions will depend on the complexity of the property pool, the number of issues and the progress made during mediation.

Step 5 – Record the outcome
Where agreement is reached, Northern Frontiers can prepare a Record of Property Agreement for both parties. The parties are then encouraged to obtain independent legal advice about formally documenting the agreement.

Can my lawyer attend Property Mediation?

Please tell us when booking if you would like a lawyer to attend. Discuss their role with your Mediator during Intake & Assessment. Under our mediation arrangements, your lawyer supports you with independent legal advice rather than speaking on your behalf. Northern Frontiers remains impartial and does not advise either party.

If you would like a lawyer involved during your mediation session, please read about our Lawyer Assisted Mediation service and advise your Mediator during your Intake & Assessment session.

Do I need legal or financial advice?

Although you do not necessarily need a lawyer sitting beside you throughout the mediation process, independent advice can be extremely useful.

A family lawyer can explain how the law applies to your circumstances and advise you about any proposed settlement and how it should be formalised.

Depending on the property involved, you may also benefit from independent financial, taxation, accounting, valuation or superannuation advice.

Northern Frontiers provides mediation and dispute resolution services only and does not provide legal, taxation or financial advice.

Is Property Mediation expensive?

Property Mediation is intended to provide a practical and affordable way of attempting to resolve financial disputes without relying exclusively on separate lawyers and Court proceedings.

The more issues the parties can resolve through mediation, the fewer unresolved matters may need to be dealt with through ongoing legal correspondence or litigation.

Northern Frontiers is a private, fee-for-service provider offering personalised Property Mediation with prompt appointment availability.

View current pricing

How soon can I get started?

As soon as you are ready.

Intake & Assessment appointments are generally available within 2–3 business days of your initial enquiry.

If the matter is suitable for mediation and the other party agrees to participate, mediation can then be arranged once both parties have completed their Intake & Assessment sessions, relevant preparation has occurred and both parties are available.

Appointments are available from 7.30am weekdays, with out-of-hours appointments available on a case-by-case basis.

Payment information

Unless otherwise agreed, each party is responsible for their own mediation costs.

Pre-payment is required for booked sessions. Cancellation and no-show conditions apply, so please review our Terms & Conditions of Service when making your booking.

Preparation and distribution of a Record of Property Agreement is covered by the applicable administration charge. See current mediation and administration fees for the full cost structure.

Got a question or three?

If you are unsure whether Property Mediation is suitable for your circumstances, you are welcome to contact Reception and confidentially discuss the process before making a booking.

There is no obligation to proceed.

Call: 1300 90 81 70
Text: 0419 531 269
Email: reception@northernfrontiers.com.au

You can also use the online chat function on this website.