The mediation itself is not binding, nobody can force you to settle. But if you sign settlement terms at the end, that document is usually a binding contract, and in court-ordered mediations it can be turned into consent orders. Never sign terms you have not read carefully and understood.

Generally yes. Mediation is conducted on a without prejudice basis, and the mediation agreement and legislation protect what is said from being used in court later. There are recognised exceptions, including proving the settlement itself, threats of harm, child safety concerns, and criminal conduct.

Yes. Courts and tribunals across Australia routinely order parties to mediate, with or without their consent, before or after proceedings start. Refusing to participate genuinely can result in an adverse costs order, even if you go on to win the case.

Usually the parties agree. If they cannot, a court, a contractual dispute resolution clause, or an administering body such as the Australian Disputes Centre or a Law Society can nominate one. The choice matters, a mediator with real experience in the subject area is far more likely to break an impasse.

The mediator’s fee and any venue costs are usually shared equally, although the parties can agree otherwise and sometimes one side pays as part of a settlement. Each side pays its own lawyers. Court-annexed mediation, for example before a Registrar, is often free.

The case continues. But mediation is rarely wasted, it narrows the issues, exposes weaknesses in each side’s evidence, and gives both parties a realistic view of their risk. Many disputes settle in the weeks after a mediation rather than on the day itself.

In complex or high-value disputes, usually yes. Counsel can give an on-the-spot assessment of risk, put the case persuasively to the other side, and draft enforceable settlement terms before everyone leaves the room. In smaller matters your solicitor alone may be enough.

The session itself is commonly one day, sometimes half a day, and occasionally spread over several days in complex matters. Preparation usually takes several weeks, collecting documents, exchanging position papers, and getting a realistic valuation of the claim.

Yes, and partial settlement is common and useful. You can resolve specific claims, agree facts, or narrow the issues, then record in writing exactly what remains for the court to decide. That alone can cut hearing time and costs substantially.

Yes, and it is often the best time. Costs are lower, positions are less entrenched, and commercial relationships may still be salvageable. Some areas also require a genuine attempt at resolution before filing, for example family dispute resolution in most parenting matters.