If you have filed a small claim in the Federal Circuit and Family Court of Australia the Judge might ask you and your employer to attend mediation. This is also known as 'dis​pute resolution'.

Mediation is an informal way of solving a problem. At mediation, a neutral person (the 'mediator') will you and your employer to talk to each other about the issues and to reach an agreement. A mediator will not take sides and cannot give you legal advice.

If you are ordered to attend mediation, the mediator will usually be a Registrar or Judge of the Court. In some cases, it may be conducted by the Fair Work Commission or someone else appointed by the Court.

How is mediation arranged?

At the first court date, the Court may order that you and your employer attend mediation. You and your employer will need to contact the the Court registry or the Fair Work Commission to arrange a date, time and place for mediation. Make sure it's a date that you are able to attend.

To find the contact details of the registry, see:

• Court locations on the Federal Circuit and Family Court of Australia website, or
• Commission offices on the Fair Work Commission w​ebsite​.

In some cases, you may be able to attend mediation on your first court date.

Does it cost anything?

If you are ordered to attend mediation, you will usually not have to pay anything, unless the mediation is run by a private mediator.

What should I do to prepare?

To prepare for mediation, you should:

• work out what you want
• understand your legal rights
• think about the options for ending the dispute
• gather documents and information.

Step by step guide: Preparing for mediation

Where do I go?

When you contact the Federal Circuit and Family Court of Australia or the Fair Work Commission to arrange mediation, they will tell you where it is being held. If you are unsure, contact the Court or Commission again and ask where you need to go.

What happens at mediation?

Although every mediation is different, generally mediation will follow a set format. You and the employer will each tell your side of the story and then there will be time for discussion with each other and also with the mediator in private sessions.

For more information, see Going to mediation.​