Intake
Preparation
Joint and private sessions
Recording terms
Follow-up
Intake and pre-mediation sessions
The mediator speaks with each party separately and in confidence. Together we confirm that mediation suits the dispute, identify the issues, check for safety concerns or power imbalances, and agree who will attend, where, and whether lawyers or support people will join. Each party then signs an agreement to mediate.
Preparing
Each party considers what matters most, what they need from an outcome and what they could accept. Relevant documents, such as contracts, valuations or correspondence, are gathered and exchanged where useful.
The joint session and private sessions
In the joint session each party sets out their view without interruption, and the mediator helps identify common ground and the issues to resolve. Private sessions give each party time alone with the mediator to speak frankly, test options and weigh offers. Where meeting face to face is not appropriate, parties can sit in separate rooms.
Recording agreement terms
When the parties reach agreement, the mediator records the terms in writing while everyone is present, so there is no doubt about what was agreed. Parties can obtain independent legal advice before the terms are made binding.
Follow-up
We check in after the mediation. Where useful, a review meeting can test how the agreement is working or deal with issues that remain open.
Who conducts the mediation
We propose a mediator suited to the dispute and disclose any prior connection with a party before you agree to proceed.
Our mediations are typically conducted by qualified lawyers. Where we suggest a mediator who is not an Australian lawyer, we tell you before you engage.
Talk to us about a dispute
An initial enquiry is confidential and does not commit you, or anyone else, to mediation.
Make a confidential enquiry