Understanding Mediation

As a mediator, my role is to guide you through a set of steps that make up the mediation process.  It is a standard process that is well-tried and proven to work.  I will take you through the steps and explain them to you as we progress. Please note that my role is not to provide you with legal advice or counselling.

See the information below to better understand mediation and what to expect from my services.

  • The practice

    Explaining what the practice of mediation is

  • The process

    Mediations generally follow a simple set of steps

  • The principles

    The set of principles I abide by in my practice

  • The rules of conduct

    Ground rules to ensure the process runs smoothly

 

The practice of mediation

The practice of mediation has many different versions. 

The model that a mediator applies to a particular matter depends on many factors, such as how many people are involved, where they are situated (in the same town or far apart, which may result in on-line, remote mediation), what the issue in dispute is, for example is it a divorce involving child care issues, or is it a neighbourhood conflict around a fence that is falling apart.

In order to practise in a number of specialised areas, mediators generally choose to obtain additional specialist training and education. Such matters are also sometimes regulated under specific legislation and mediators who practice in those areas must have required professional credentials.  For example, a mediator who intends to practise in family law matters must become a Family Dispute Resolution Practitioner (FDRP).

In the area of Elder Mediation, there are many professional development courses and opportunities that practitioners undertake in order to be Specialist Elder Mediators.

 
 

The process

As a mediator, my role is to guide you through a set of steps that make up the mediation process.  It is a standard process that is well-tried and proven to work.  I will take you through the steps and explain them to you as we progress. Please note that my role is not to provide you with legal advice or counselling.

See the information below to better understand mediation and what to expect from my services.

  • 1. Introduction and statements

    Each of you to outline your issues as you see them

  • 2. Agenda creation

    We will create an agenda to guide us through the process and will agree on the order of priority in which to deal with the agenda items

  • 3. Exploration

    Each of you will have an opportunity to talk to each other and explore the issues between you

  • 4. Options generation

    You will be able to come up with a list of options for resolution of your dispute

  • 5. Private sessions

    I may decide to take you to separate sessions for confidential discussions to clarify any issues and discuss the proposed options

  • 6. Negotiations and agreement

    We will come together again and try to get to an agreement on all the issues on the agenda

    I will draft an agreement (specifying the agreed outcomes) and provide a copy of to each of you

    It will be up to each of you to deliver on, and behave in line with, the agreed outcomes

 
 

The principles

There is a set of key principles that I abide by in my practice:

  • Impartiality

    In mediation, I am fully impartial in my role and at no point I will work to benefit or support the position of either of you.

  • Decision making

    I also wish to say that it is you – the parties in the dispute - who have the full power and discretion to make a decision on all matters at hand. There is no judge or jury who hear the facts and determine what should be done or who is ‘right’ or ‘wrong’.

    With my assistance and guidance through the mediation, you will be in full control of your decisions.

  • Legal representation

    It is possible that you decided to bring a lawyer with you – this is absolutely ok.

    You can engage a lawyer at the start of the mediation process, or bring it in later - legal representation is something you can always decide to take on should you feel that you need it. If that’s the case, it is possible to pause this process so please do not hesitate letting me know should this occur.

  • Confidentiality

    Another important matter relates to the confidentiality of this process. Whatever is discussed today will stay confidential, within the legal limits. This means that myself and you two will not be able to talk about any issues discussed today with anyone outside of these rooms. The statements either of you make are not to be used as evidence in a court process, should it eventuate.

    However, there are legal limitations to the confidentiality such as statutory, judicially or ethically mandated reporting – for example, the existence of a crime.

  • Process documentation

    It is important to know that I will be taking notes today, but will be destroying them immediately after the process is completed.

 

The rules of conduct

There are a couple of ground rules that will ensure the mediation process runs smoothly and progresses in an efficient manner.

  • The first basic rule is that you are asked to refrain from interrupting each other.  I will ensure to allow as equal time as possible to each of you to have a say and reply to any statements from the other party.  Thus it is expected that either party will allow the other party or other person to finish what they are saying and speak only after they are done.  

  • Secondly, I ask you that you remain polite at all times. It is essential that we are respectful to all other parties in this room throughout this process to allow us to create as a friendly and respectful environment as possible.