Australia’s First Mediation Audit: What the 2026 Data Means for Separating Families

July 7, 2026

Kelly Neighbour

If you are weighing up family mediation Australia wide for a family dispute, you have probably already heard the pitch: it is faster, cheaper and less stressful than court. What you may not have seen before is the evidence behind that pitch. In 2026, Resolution Institute, the peak professional body for dispute resolution practitioners in Australia and Aotearoa New Zealand, released its inaugural Mediation Audit. It is described as the first comprehensive, profession wide study of its kind in the Southern Hemisphere, and it gives families, lawyers and policymakers a genuine evidence base for understanding how family dispute resolution actually works, rather than relying on anecdote.

At Kannen Mediation, we welcome this kind of research. We work with lawyers, not against them, and we believe that separating families deserve outcomes built on solid ground, not guesswork. Here is what the Audit found, and why it matters if you are considering mediation for your own family.

What the Audit actually measured

The Audit was based on an online survey distributed to mediators across Australia and New Zealand. In total, 174 mediators completed the demographic questions, with response numbers varying slightly from question to question. Unlike audits that focus narrowly on civil and commercial mediation, this one deliberately covered the full spread of practice, including family, workplace, community, commercial, building and construction, and other specialist sectors.

Respondents collectively reported conducting more than 13,700 mediations. Resolution Institute estimates that its member mediators alone conduct around 6,700 mediations a year, averaging 44 per practitioner. That is a genuinely large body of practical experience to draw conclusions from, and it goes well beyond the narrower statistics published by individual state Small Business Commissioners, most of which cover only a few hundred matters a year and, in several states, do not publish settlement rates at all.

The core finding: mediation settles disputes

The single most important number for anyone considering mediation is the settlement rate. Across the survey, mediators reported that on average 73 per cent of matters settle on the day of mediation, with a further 20 per cent settling shortly afterwards. Combined, this puts overall settlement effectiveness in the region of 88 to 90 per cent, figures the report itself describes as substantially higher than the scheme specific success rates published by state government bodies. For context, Victoria’s Small Business Commission, the only state body that publishes a settlement rate, reported a 69 per cent success rate for 2024 to 2025.

Just as reassuring, the Audit found that problems after settlement, such as a party changing their mind, confusion about the terms of an agreement, or requests to reopen a settlement, were reported as rare or occasional by most mediators, with only a small minority reporting frequent issues. In other words, agreements reached through mediation tend to hold up, particularly when they are properly drafted and supported by independent legal advice, which is exactly the approach we take at Kannen Mediation.

Who are Australia’s mediators?

The Audit also paints a picture of who is actually doing this work. It is a more gender balanced profession than many comparable fields, with 62 per cent of respondents identifying as female and 37 per cent as male. It is also a highly experienced cohort. More than three quarters of respondents described themselves as advanced practitioners, and around a third have been mediating for 15 years or more.

That experience comes with a caution flag, though. Three quarters of respondents are aged over 50, and one in six is over 70. The report describes this as a profession at an inflection point: mature, values driven and highly skilled, but ageing, with a clear need to support pathways for newer mediators so that practical knowledge is not lost over the next decade.

A profession that works hard, often unpaid

One of the more revealing findings is how much unpaid labour sits behind a typical mediation. Only a quarter of respondents work as full time mediators, spending on average 46 per cent of their working time on mediation itself, with the remainder split across legal practice, consulting, training and other professional roles. Many mediators reported being paid for fewer hours than they actually invest, largely due to fixed fee pricing or a deliberate choice not to charge for every hour worked. Preparation, drafting and follow up all take real time, and much of it goes unbilled.

Earnings themselves varied widely, reflecting differences between sectors such as family and community work compared to commercial mediation. Around 43 to 45 per cent of respondents reported earning between $500 and $3,000 for a typical one day mediation, while about a quarter earn $4,000 or more, and a small proportion, around 3.5 per cent, provide their services on a pro bono basis only.

Where mediation is heading

Looking ahead, mediators identified several sectors likely to see meaningful growth over the next two years. Family disputes and family law featured prominently, driven by ongoing demand for child inclusive practice and legal requirements around parenting plan arrangements. Workplace and employment disputes were also flagged as a growth area, alongside wills, estates and elder mediation, which respondents linked to Australia’s ageing population and the disputes that can arise over care arrangements and decision making for older family members. Commercial, small business and financial disputes rounded out the list, reflecting growing awareness of mediation as a cost effective alternative to litigation, and part of the broader shift toward mediation vs court as the first port of call for separating families.

This lines up closely with what we see in our own practice at Kannen Mediation, where family dispute resolution, parenting plans, and increasingly, elder mediation, are core parts of the work we do every day.

The public understanding gap

Perhaps the most sobering finding in the whole report is how little the general public understands about what mediation actually is. Only 1 to 2 per cent of surveyed mediators believe the public is highly aware of what mediation involves, while 63 per cent describe public understanding as only “somewhat aware.” Common misconceptions include confusing mediation with a court like process where the mediator decides the outcome, or assuming a mediator will take sides. In reality, an accredited mediator is a neutral facilitator. They do not have the power to impose a decision. The outcome belongs to you and the other party, not to us. A qualified Family Dispute Resolution Practitioner can also issue a Section 60I certificate where mediation is inappropriate or unsuccessful, and can guide you toward consent orders if you want your agreement formalised by the court.

This is exactly why we see it as part of our job at Kannen Mediation to keep explaining the process clearly, so that families understand what they are choosing, and why it works.

Appetite for stronger standards

Finally, the Audit found strong support within the profession for clearer regulation. Eighty per cent of respondents support the introduction of a regulatory body to set and monitor professional standards, with reputation, transparency, independence and quality of ongoing training rated as far more important to mediators than being the cheapest option available. Only a third of respondents rated cost as a very important factor when choosing a membership body. This reinforces something we hold firmly at Kannen Mediation: quality and accountability should never take a back seat to price when it comes to decisions that affect your family’s future.

What this means for you

If you are separating and weighing up your options, the Mediation Audit 2026 offers a genuinely reassuring picture. Mediation, delivered by an experienced and increasingly well regulated profession, settles the vast majority of disputes, and settles them durably. At Kannen Mediation, we bring that same evidence based, child focused, outcome focused approach to every family we work with, always alongside independent legal advice, and always with an eye to agreements that are built to last.

Want to read the full report?

The complete Mediation Audit 2026 is available on the Resolution Institute website:
https://resolution.institute/Web/Web/Members/View-the-Member-Resources/Mediation_Audit_Report.aspx?_zs=HD05p&_zl=3S1q3

The information provided by Kannen Mediation, whether on this website, in our materials, or during our services, is general information only. It is not legal advice. You should obtain your own independent legal advice before making any decision or entering into any agreement.

author avatar
Kelly Neighbour
Kelly Neighbour, of Kannen Mediation, is a fully accredited Australian mediator who specialises in family dispute resolution, workplace mediation, elder mediation, and divorce coaching. Services are offered in Sydney and online from anywhere in Australia.