Mediation is an alternate dispute resolution process to the process used to resolve disputes in court. In mediation, one of our accredited independent third-party mediators will assist the parties in the dispute by helping them identify the exact nature of the issues in dispute. The mediator will also help the parties come up with options and possible alternative ways to resolve the dispute. The mediator will endeavour to help the parties try to reach an agreement.
It is important to understand that the mediator will not give advice or an opinion about how the parties should solve the issues between them. The mediator helps the parties talk or put forward their points of view in a way that the other party can hear, understand, and acknowledge. So, it is not the mediator that creates the agreement, it is the parties that create the agreement but the mediator facilitates the discussions and ensures the parties have an equal opportunity to be heard.
The process that you will go through when you mediate involves a structured, and face-to-face meeting with the parties to the dispute meeting with the mediator or in some cases mediators where there are joint mediators facilitating the mediation. Mediations are a voluntary process but they can also be court orders or essential because of terms in a contract. At mediation, the parties will be asked to speak directly to the other parties in the dispute, except where the mediation is a shuttle mediation or where there are separate sessions to the mediation. The mediator will ensure there are regular breaks so that the parties can consider the discussions and reflect on their position. There are breaks so that the parties can also seek advice or obtain support.
Role of the mediator The mediator’s role involves being impartial, non-judgmental, and unbiased. Some of the thigs the mediator will do include the following
Our mediator will:
- Let you know what the mediation process entails. The mediator will also set guidelines as to how the mediation will be conducts and how the sessions will work
- Ensure that each party to the dispute has an equal opportunity and time to speak, to be heard without interruption and to be respected in discussions.
- Maintain the focus and ensure that the parties can communicate effectively and maximise the opportunity for reaching an agreement
- Ask questions and assist parties so that they can communicate with each other about the things that they are concerned with, help both parties communicate possible solutions and find ways to find agreement
- Help clarify issues in dispute and options for methods of discussion about the issues
- Ensure that the solutions are realistic and help the parties agree
- Endeavour to help the parties properly understand any agreements reached in mediation
- Refer parties to other professional help as required.
Our mediator will not:
- Choose a side, or make decisions for you, or suggest a solution. Instead, our mediator helps you to make decisions and create solutions.
- Tell you that you need to agree or what to agree. Instead, our mediator will assist you to decide on what you should do, including whether you should continue to participate in the mediation
- Make a judgment about who is right or who is wrong. Instead, our mediator will help you to focus on ways to find a solution that will resolve the dispute.
- Give financial, legal, or other expert advice. Instead, our mediator can recommend that you obtain independent advice.
- Provide counselling. Instead, our mediator can refer you to a professional counselling service or recommend other support services before, during and after mediation if you would like to participate in those services.
Generally, mediations are face to face but we also can conduct mediations using online technology like zoom. Our mediators are also adept at conducting shuttle mediations, so that the parties in the dispute can feel more comfortable by not seeing or hearing the other party.
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