Family Mediation vs Lawyers: Cost and Time Comparison

Private FDR mediation typically costs each party about $850 to $3,500 and can finish in weeks. Going through lawyers costs thousands to tens of thousands, and a court case to final hearing usually takes one to two years.

Typical cost per party

Chart of typical cost per party: private FDR mediation $850 to $3,500; lawyers negotiating then consent orders $3,250 to $16,000; lawyers through court to final hearing $27,000 to $86,500, and it can exceed $100,000.
Log scale: each gridline is ten times the one before. Ranges are published estimates of fees, not quotes. Lawyer figures are Melbourne professional fees excluding GST and disbursements.

FDR mediation and lawyers side by side

FDR mediation (non-lawyer)Lawyers negotiatingLawyers through court
Who is in the roomThe parties and an accredited FDR practitioner. No lawyers.Each party’s lawyer, mostly by letter and phone.Lawyers, often barristers, a Registrar and then a judge.
PrivacyConfidential. What’s said in FDR generally can’t be used in court.Private correspondence between the parties’ lawyers.Hearings are generally open to the public, and documents become part of the court record.
Fees per partyAbout $220–$440 an hour, or $850–$3,500 a session.$3,250–$16,000 in professional fees (Melbourne guide, ex GST).$27,000–$86,500 in professional fees (Melbourne guide, ex GST). Contested cases can exceed $100,000.
Other costsLodging consent orders: $215 court fee, or a lawyer to draft them ($2,950–$5,400).Valuations and disbursements. $215 consent orders fee.Court filing and hearing fees, valuations, expert and family reports, barristers.
Time frameWeeks to a few months: intake, safety screening, then usually 1–3 sessions of 2–3 hours.Months. Each round of letters, disclosure and offers adds weeks.The court’s target is final orders within 12 months of filing. In practice often 1–2 years, plus up to 3 months for judgment.
Who decidesThe parties.The parties, on their lawyers’ advice.A judge, if the parties don’t settle first.
OutcomeParenting plan, or agreement formalised as consent orders.Consent orders or a binding financial agreement.Final court orders.

Sources: What’s the Damage, Melbourne family lawyer costs (Oct 2026) · Unified Lawyers, mediation costs (Jul 2026) · Relationships Australia, FDR session lengths · Justice Family Lawyers, litigation costs · FCFCOA performance targets. General information only.

Is mediation free?

There are two types of family law mediation services:

  • Not-For-Profit Organisations charge a sliding scale depending on the client’s income, and these fees can range from $10.00 to approximately $300.00 per hour.
  • Private Practitioners generally charge a fixed hourly fee per client, which will vary depending on the skill level and experience of the Mediator.

Other things to know about mediation fees:

  • Generally, only private practitioners will mediate financial settlements
  • Mediation is charged out to both clients, i.e. An amount per hour per client even when you are both present at the same mediation.
  • Mediators generally charge considerable less than Solicitors and it is generally accepted that mediation will cost clients many thousands of dollars less than engaging a Solicitor or going to Court.
  • Private Mediation will generally conclude a matter within weeks whereas engaging a Not-For-Profit Organisation or Solicitors can mean a matter will take months and in some cases years to conclude.
  • If your mediator is also a Solicitor they will generally charge their normal hourly rate.

Frequently asked questions

How much does FDR mediation cost compared with using lawyers?

FDR mediation with a non-lawyer practitioner costs each party about $220–$440 an hour, or $850–$3,500 a session. Having lawyers negotiate costs $3,250–$16,000 in professional fees per party, and going through court to a final hearing costs $27,000–$86,500 (Melbourne guide, ex GST). Contested cases can exceed $100,000.

How long does mediation take compared with going to court?

FDR mediation takes weeks to a few months: intake, safety screening, then usually 1–3 sessions of 2–3 hours. Negotiating through lawyers takes months, as each round of letters, disclosure and offers adds weeks. In court, the target is final orders within 12 months of filing, but in practice it is often 1–2 years, plus up to 3 months for judgment.

Who is in the room at FDR mediation?

The parties and an accredited FDR practitioner. No lawyers. When lawyers negotiate, each party’s lawyer is involved, mostly by letter and phone. In court, it is lawyers, often barristers, a Registrar and then a judge.

Is mediation confidential?

Yes. Under the Family Law Act, what’s said in family dispute resolution is confidential and generally can’t be used as evidence in court. There are limited exceptions, such as when a child is at risk of harm. Court proceedings work differently: hearings are usually open to the public and your documents go on the court file. The law does restrict anyone from publishing details that identify the parties.

What other costs should I allow for?

With FDR mediation, lodging consent orders costs a $215 court fee, or a lawyer can draft them ($2,950–$5,400). Negotiating through lawyers adds valuations and disbursements, plus the $215 consent orders fee. Going to court adds court filing and hearing fees, valuations, expert and family reports, and barristers.

Who decides the outcome?

In FDR mediation, the parties decide. When lawyers negotiate, the parties decide on their lawyers’ advice. In court, a judge decides if the parties don’t settle first.

What do we end up with at the end?

FDR mediation results in a parenting plan, or an agreement formalised as consent orders. Negotiating through lawyers results in consent orders or a binding financial agreement. Going to court results in final court orders.

Want to talk through what mediation would involve for you? Book a free consultation with Bayside Mediation.

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