How to Prepare for a Family Law Property Settlement Mediation

Facing a property settlement after separation can feel daunting, but mediation offers a constructive way forward, without the expense, delays, and emotional toll of court.

With the right preparation, you can walk into mediation better equipped to understand your position, respond to offers, and reach a resolution that works for you.

Here are some essential tips to help you prepare.

Start with the Balance Sheet

Think of the balance sheet as the foundation of your property settlement. It outlines the full asset pool including properties, vehicles, bank accounts, superannuation, and liabilities – and forms the basis of negotiations.

Make sure you have gathered and exchanged all relevant financial documents well in advance. This includes current statements for savings and offset accounts, credit cards, mortgages and personal loans, superannuation balances, and any share portfolios or other investments.

If any assets are in dispute, like a family home, business or valuable personal items, ensure independent valuations have been obtained before the mediation.

Accurate, up-to-date figures help avoid unnecessary disputes and give everyone confidence in the process.

Know Your Case and Understand the Range of Outcomes

Ahead of mediation, your lawyer will take you through the key legal factors that may affect the outcome of your matter. These might include:

• Each party’s financial and non-financial contributions,
• The future needs of both parties, and
• Other relevant personal or financial circumstances.

This preparation is important to help you understand the range of your potential outcomes, including your best case, your worst case, and the realistic outcomes in between.

Having this knowledge allows you to consider any offers made during mediation with a clear head, rather than reacting emotionally.

It also helps you to think strategically about where you’d like to start negotiations, where you hope to land, and what outcomes you might be willing to accept.

Circulate Your Position Paper

In most cases, your lawyer will prepare a position paper (also known as mediation particulars). This document sets out:

• A summary of your case,
• Your proposed terms for settlement, and
• Any key issues in dispute.

This position paper is shared before the mediation so all parties, including the mediator, are well informed before going in.

A clear position paper helps everyone come to the table informed and focused, and ensures the mediator understands the background of the matter and the key points of contention.

Understand the Costs

Talk to your lawyer about legal fees upfront. Ask your lawyer for a clear summary of what you’ve paid to date, what the mediation is likely to cost, and what further expenses may arise if your matter does not settle.

Having a clear picture of your costs, including potential future costs, can help you make balanced decisions about the benefits of settling now versus continuing litigation.

On the Day – set yourself up for success

Arrive early to give yourself time to settle in. Running late will only add to your stress.

Throughout the day, ask for breaks if you need them. Sometimes a short walk or a bit of fresh air is all you need to reset and refocus.

Most importantly – be flexible in your approach to resolution. Mediation isn’t about “winning” — it’s about finding a practical and fair solution you can live with.

Use the mediator as much as possible.  They are trained to help parties get past roadblocks, offer fresh perspectives, and suggest creative solutions that you may not have considered.

The Bottom Line

Mediation is your chance to shape the outcome – not just wait for a court to decide it for you.

The better prepared and more open-minded you are, the more likely you are to walk away from mediation with a fair and lasting agreement.

Need help preparing for property settlement mediation?

The experienced family law team at Tindall Gask Bentley can guide you through the process and help you feel confident every step of the way.

Contact Deanna today for an initial chat, or complete this enquiry form and one of our friendly team will get back to you.