What is Mediation?

Mediation is a voluntary, confidential process that assists people in a conflict or dispute to communicate with each other in order to work out their own mutually acceptable agreement regarding the issues or difficulties that have arisen.

How does mediation work?

Pre-Mediation: Initial one-to-one meetings. This is an opportunity to meet you initially on a one-to-one basis in order to explain the process in detail and help you figure out how the mediation process can be of use to you. This meeting is confidential and nothing you discuss here will be discussed or mentioned to the other person in the dispute. You may be asked you to complete some preparatory documentation beforehand and bring it along to the meeting. This is not for sharing with anyone else; rather it’s just a good basis for our discussion together and preparing for the mediation session. The Mediator will also be meeting with the other person or persons in the dispute. When the mediator has talked to everyone on an individual basis and made sure that mediation would be a good fit for the situation, they will then agree a time and a place to meet together for a joint mediation session.

Joint mediation: This is where you and the other person(s)/parties meet together at a time and venue convenient to all for a joint mediation session. The mediation session usually begins with the Mediator outlining the key principles and parameters of Mediation and you will be invited to jointly sign an ‘Agreement to Mediate’ document which affirms your commitment to the principles and ground rules of mediation as outlined above. Each of you then have some uninterrupted time to speak, where you will be asked to outline the key issues that you would like to talk through in the session(s) and to listen respectfully and without interruption to each other’s issues. You will then get an opportunity to respond to each other and talk in more detail about the various issues you have raised. As the process develops, it may be appropriate to hold separate private meeting(s) with each of you. These will be confidential, and each person will get equal time. The mediator will be helping you identify and clarify for each other what your key needs and interests are and help you both communicate these clearly and respectfully to one another. The role of the Mediator will be to guide the discussion, keep you focused, keep it constructive. You can take time out for a break at any stage. When the key issues have been aired and talked through, the mediator will be getting you both to come up with ideas for what might work better for the future. Finally, depending on the issues and the matters being agreed, these can be summarised in either a verbal or written agreement.

Is my situation appropriate for mediation?

The key factor that distinguishes appropriateness of a situation for mediation is a willingness on each person involved to:

• Listen and seek to understand the other’s viewpoint
• Want to engage in a dialogue with a view to resolving matters
• Understand that mediation is not about getting everything you ‘want’, rather it is about finding a solution to a dispute that everyone can live with and brings closure to the matters in dispute.
• Be willing to reflect on yourself and how you are reacting to this situation and looking at what you can learn about how you manage ‘conflict’ and difficulties in working relationships.

What can I expect from the Mediator?

• To ensure that you understand how mediation works and what is expected of you in participating
• To be impartial – this means to support each participant equally
• To facilitate you to get clarity about the real issues you, what you need to communicate to the other person(s) and how best to do this
• To facilitate you to participate effectively and communicate the key messages that you want the other person to understand.
• To assist you to identify options that would be workable for both you and the other person(s).
• The Mediator does not give advice, make proposals, judgements or any decisions about the issues between you and the other person(s).

What’s expected of me as a participant?

• Participate in good faith – this means you are genuinely interested in trying to achieve a solution through mediation.
• Be open to hearing other perspectives about the situation and where the other person is coming from.
• Understand that mediation is not about winning or losing, rather it’s about workable and pragmatic solutions to problems that are stressful for all concerned.
• Talk about the situation from the viewpoint of your experience, concerns and needs rather than blaming or labelling the other person or their behaviours
• Be willing to look at yourself and how you are reacting in this situation and be open to learning how you could have a different perspective that would be less stressful and more empowering for yourself in this situation.

Do I have to go to Mediation?

You are free to participate and to withdraw at any time in mediation. Most people feel apprehensive about going to mediation. This is understandable, there may have been some difficult interactions in the past with the other person(s), you may feel angry, frustrated, hurt and/or anxious. Yet like many things which are hard to do, it can also bring many benefits. Critical to its success is that participants are willing and open to working together to find a mutually acceptable solution.

Who decides the outcome? Resolutions are self-determined. You and the other person(s) retain control over all the decisions and the outcome of the mediation. You will not be forced to agree to anything that you are not happy with – mediation is about helping you find a solution that meets everyone’s needs to the greatest extent.

Will there be a report? All information and discussions that take place as part of the mediation process are confidential and without prejudice and may not be used in any future formal or legal proceedings. Both you and the other party will sign a written agreement to this effect. No details on either what took place, or the outcome can be discussed with others, except what it is agreed by you both to disclose.

Confidentiality and limitations: enable parties to say things to each other during the process that may help progress the mediation. This might include sharing specific information or offering an apology or acknowledgement.

Confidentiality extends to;

• communications before, during and after the mediation process
• Any and all spoken and written communication arising out of or in connection with the mediation
• Parties, mediator and any representatives or support parties

Exceptions to confidentiality include;

• Incidents where something is disclosed that places a Duty of Care obligation on the Mediator (risk or threat of harm to any individual).
• There is a requirement by law to breach confidentiality.
• To enable the Mediator to defend themselves from a complaint arising from the mediation.
• Concerns in relation to the protection of children.

Paperwork: At the start of the mediation session between you and the other person(s) the Mediator will ask you and the other party(ies) to sign an Agreement to Mediate. In this way you are committing to uphold the principles outlined above. You will receive a copy in advance and can ask for clarification of any aspect of it. At the end of the process, you and the other party(ies) may decide to record in writing key details of what you have agreed upon. This is known as a Mediation Agreement. Usually these are a series of points recording the areas of your working relationship that you will work to improve. Some issues may warrant a more formal and binding contract; in such cases, all participants would have an opportunity to get advice, financial, legal or otherwise, before making a binding commitment to a Mediation Agreement.

What if it doesn’t work? Participation in mediation does not impact on your statutory rights or prevent you from taking subsequent action should you decide that the issues are not satisfactorily resolved. It is expected however that for the duration of the mediation process, you will not engage in any other formal or legal process in relation to the matters in dispute.