Frequently asked questions.
What is mediation?
The Mediation Standards Board describes Mediation as “a process in which the participants, with the support of the mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to support participants to reach their own decision”.
It is a process in which participants are encouraged to seek understanding of the issues and underlying interests of the other party so that they can consider their alternatives and generate their own options to provide a solution that is acceptable and sustainable.
What is a mediators role?
Mediators do not advise on, evaluate or determine disputes. They assist in managing the process of dispute and conflict resolution, where the participants agree on the outcomes.
How does the process work?
The mediation process is primarily a facilitative process. The mediator provides assistance in managing a process which supports the participants to make their own decisions about future actions and outcomes. More information on each step is provided on the Getting started page.
Will I be forced to accept a decision I am not happy with?
This is your mediation. As mediators we cannot make decisions for you and we guarantee that you will not be forced or coerced into an agreement.
When is the right time to consider mediation?
Going to mediation can save you time and money in legal fees, but more importantly, it gives the participants more control. It can relieve the frustration of an ongoing dispute and empower the parties to take control of working out the solution to their own, unique set of circumstances. Participants get control of the mechanism for resolving the dispute (mediation is a choice) control over the outcome and the choice of dispute resolution practitioner,
If you have been in dispute with another party and have reached an impasse, now is the time to consider mediation.
Can the mediator share the information discussed in mediation with anyone else?
All our mediators are accredited by the National Mediator Accreditation System and operate under a strict standard of ethics that requires them to keep all information disclosed during the mediation process confidential, as far as the law allows.
This creates an environment where the participants can openly discuss their options without impacting any potential future proceedings.
How much does it cost?
Mediation fees vary depending on a range of factors including the complexity of the dispute. We offer a free initial consult, from which we can determine whether the dispute is suitable for mediation and the likely cost. For your peace of mind, our fees are fixed and you will receive a quote before booking your pre-mediation interview.
How long does mediation take?
From the initial call and consult, a mediation could be held within a week - depending on mediators availability. As an indication for the actual mediation, a simple dispute may be resolved in half a day, whereas a more complex dispute would be more likely to be a full day. Occasionally further time is required. We generally find that most mediations need the full day.
Does a mediation always settle the dispute?
No, unfortunately sometimes no agreement can be reached, or only partial agreement is reached. The parties are then free to pursue other avenues of dispute resolution or the issue may remain unresolved.
What happens if we don’t reach an agreement?
The mediation does not interfere with any future court or Tribunal process. In many cases, if the matter does proceed to a legal proceeding, the fact that you have attempted mediation will be seen favourably.
How can I be sure the mediator will be impartial?
The mediators role is to be an impartial, non judgemental facilitator. They use a balanced approach and encourage co-operative problem solving. They manage the process of the mediation - not the decisions. The process is designed to protect the parties right to self determination.
Do I have to be in the room with the other party?
During the intake process, the mediator will determine if mediation is the best way to settle the dispute. If you have any concerns about being in the room with the other party, discuss this with the mediator. Don’t forget your mediator is trained to manage the potential impact of power imbalances and emotionally charged and potentially destructive communication. Any party is free to leave the mediation at any time.