The National Success Rate
According to data from the Australian Attorney-General’s Department and the Australian Institute of Family Studies, most Family Dispute Resolution matters reach agreement (around 60-70%).
Even when matters don’t reach full agreement in mediation, the issues are usually narrowed significantly.
Only a very small percentage of matters proceed directly to court after genuine participation in mediation.
It is important to remember that “success” in mediation doesn’t always mean total agreement. At Kannen Mediation, we rate a mediation as successful if there is:
- Reduced conflict
- Improved communication
- Clearer understanding of legal positions (in lawyer-assisted mediation)
- A framework for future negotiation
Why does Family Dispute Resolution have such a high success rate?
The reason Family Dispute Resolution is so successful is because a well run mediation:
- Is future focused – working on workable future arrangements.
- Encourages cooperative problem solving – allowing parties to retain control over the outcome rather than the court deciding for them.
- Is less adversarial – being a structured, confidential, and facilitated process run by an impartial practitioner.
- Is faster and more cost-effective – taking as little as a few weeks to complete, as opposed to court proceedings which can take 12-24 months (or longer).
Factors which can affect success:
Success can depend on several factors including:
- The willingness of both parties to negotiate
- The level of conflict
- The presence of significant family violence or safety concerns
- The preparation and legal advice obtained
- The complexity of your issues
- The emotional readiness of all concerned
An experienced FDR Practitioner will screen for the safety and suitability of mediation before proceeding.
What does “success” mean at Kannen Mediation?
At Kannen Mediation, success is not just about signing a document.
Success means:
- Parents creating practical, child-focused parenting plans
- Couples reaching fair, informed property settlements through mediation
- Reduced emotional strain
- Avoiding the financial and psychological cost of litigation
- Preserving future co-parenting relationships
Even partial agreements can significantly reduce legal costs and narrow court issues if litigation becomes necessary.
Frequently Asked Questions (FAQ)
1. What is considered a “successful” mediation?
A successful mediation could result in:
– a full parenting agreement
– a full property settlement agreement
– a partial agreement on any key issues
– clear narrowing of disputes
2. What percentage of FDR cases avoid court?
National research indicates that the majority of families who genuinely participate in mediation do not proceed directly to court. Approximately two-thirds reach some form of agreement, and many others significantly reduce the issues before any litigation.
3. Are agreements made in mediation legally binding?
Some agreements, such as Parenting Plans, are not legally binding, although they will be considered by the court if the matter ends up there at a later stage.
Agreements reached in mediation can become legally binding if:
- They are formalised as Consent Orders and filed with the Federal Circuit and Family Court of Australia, or
- They are documented in a Binding Financial Agreement (for property matters), or
At Kannen Mediation we always recommend that our clients seek independent legal advice before formalising agreements. For complex matters (and particularly for property settlements) we recommend lawyer-assisted mediation.
4. What happens if we don’t reach agreement?
In property matters, if you don’t reach agreement, your lawyer will advise of the best next steps.
In parenting matters, the FDR Practitioner may issue a Section 60I Certificate under the Family Law Act 1975, allowing an application to be made to the court (unless an exemption applies).
Even where parties do not reach a full agreement, mediation will often help to clarify issues and reduce future legal costs.
5. How long does Family Dispute Resolution take?
Depending on the complexity of the matter FDR mediations can take from 3.5 hours to 7 hours. In some rare cases, they may be longer.
At Kannen Mediation every mediation starts with a 1 hour intake which we conduct on the phone with each person separately.
Following intakes we book in the mediation. Parenting matters are usually completed in one 3.5 hour mediation session.
Property settlements will usually take 7 hours which can be conducted in one day or across 2 days. Complex matters may require an additional day or half day.
Final Thoughts
Family Dispute Resolution has a strong national success rate — but more importantly, it offers families a respectful, structured pathway to make their own decisions.
At Kannen Mediation, our focus is not simply settlement — it is sustainable, child-focused outcomes that support families moving forward.
If you would like to explore whether mediation is suitable for your situation, we welcome your enquiry.
