Mediation – The Basics

Blog by Daniel Sampson

What is Mediation?

Please find below an explanation of the Mediation as outlined by the Mediation Standards Board:

1. A mediation process is a process in which the participants, with the support of a 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.
2. The mediator[s] may assist the participants to:

(a) Communicate with each other; and
(b) Identify, clarify and explore disputed issues; and
(c) Generate and evaluate options; and
(d) Consider alternative processes for bringing any dispute or conflict to a conclusion; and
(e) Reach an agreement or make a decision about how to move for-ward and/or enhance their communication in a way that addresses participants’ mutual needs with respect to their individual interests based upon the principle of self-determination.

3. Mediation processes are primarily facilitative processes. The mediator provides assistance in managing a process which supports the participants to make decisions about future actions and outcomes.
4. Mediation processes are a complement to, not a substitute for, the need for participants to obtain individual legal or other expert advice and support. Mediation processes may not be appropriate for all individuals or all circumstances.

Role of the Mediator

The mediator’s role is to help you generate options to resolve your dispute. The mediator’s role is not to resolve the dispute per se, but to try to find issues that you can agree on or matters that can be compromised on, and generate some options for a potential agreement. The mediator will use their best endeavours to achieve a mutually agreed outcome, however there is no pressure on the participants to find or agree to a final resolution on the day.

Confidentiality

The mediation is completely confidential. The information you provide at the mediation is intended to be used only for the purposes of mediation and not to be used in any legal proceedings thereafter or for any other collateral purpose.

Neutrality

The mediator will be an unbiased participant in the mediation and will ensure that they use their skills and best endeavours to make sure the parties have an opportunity to communicate freely and equally. The mediator is to act objectively at all times.

For more information on mediation, contact Daniel Sampson from Culshaw Miller Lawyers.