Australian legal guide

Mediation and alternative dispute resolution

Many disputes are discussed or mediated without a final court hearing, but the process, suitability and legal effect vary. Independent legal advice can help a person understand proposals and document any agreement appropriately.

Editorial review25 September 2026
Prepared byLawyers Near You editorial team
Primary sources1 linked on this page
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What mediation does

A mediator helps participants discuss issues and possible resolution but generally does not decide the dispute. The process may be private, court-connected, required by a contract or part of a statutory scheme.

Prepare around interests and evidence

Clarify the practical outcome sought, the facts and documents supporting the position, and alternatives if no agreement is reached.

  • Issues that must be resolved
  • Information needed from the other side
  • Authority to make decisions
  • How any terms will be recorded

When another process may be needed

Urgent orders, power imbalances, safety concerns, precedent or an unwilling participant can affect suitability. A qualified adviser can discuss protective steps and process options.

Questions to ask

  • Is mediation required or voluntary?
  • Who selects and pays the mediator?
  • Should lawyers attend?
  • How will an agreement become binding?

Official sources

General information only, reviewed on 25 September 2026. Rules and processes vary by jurisdiction and facts; confirm current requirements with the relevant official body or a qualified adviser.

Mediation and alternative dispute resolution | Lawyers Near You