Frequently Asked Questions

Before I attend mediation, what do I need to know?

FAQ's

What is Mediation?

  • Mediation is a facilitative, voluntary and confidential process that helps people resolve disputes with the support of an independent, impartial mediator. Rather than deciding who is right or wrong, the mediator facilitates constructive conversations, helping participants explore the issues, improve communication, and identify solutions that work for everyone involved.

What does the Mediator do?

  • The mediator does not take sides, offer legal advice, or impose decisions. Instead, they create a safe, structured environment in which each person can be heard, understand different perspectives, and work towards a mutually acceptable agreement.

What are the benefits of Mediation?

  • Mediation can be used to resolve a wide range of disputes, including family, workplace, community, commercial, and civil matters. It is often quicker, less costly, and less stressful than formal legal proceedings, while giving participants greater control over both the process and the outcome.
  • If an agreement is reached, it can be recorded in writing and, depending on the type of mediation and the circumstances, may be made legally binding with the appropriate legal advice or court approval.

How Does the Mediation Process Work?

  • Every mediation we do is tailored to the needs of the participants; however, the process generally follows a series of structured steps designed to encourage constructive discussion and problem-solving.
  • After the initial contact is made and before the mediation, participants receive information about the process and may have, if necessary, an individual meeting or telephone call with the mediator. This provides an opportunity to explain the issues, ask questions, discuss any concerns, and determine whether mediation is appropriate. This is offered to both parties.
  • Atthe start of the mediation, the mediator explains the purpose of the session, outlines the ground rules, and confirms the principles of confidentiality, respect, and voluntary participation.
  • Each participant has an opportunity to speak about the issues from their own perspective without interruption. The mediator ensures that everyone has an equal opportunity to be heard and understood.
  • The discussion then moves to exploring the issues in more detail. The mediator helps identify the key concerns, clarify misunderstandings, and encourage open, respectful communication. Where appropriate, the mediator may meet privately with each participant to discuss concerns or explore possible options in confidence.
  • Participants work together to identify possible solutions and consider options that meet their needs and interests. The mediator supports negotiation and helps the participants evaluate potential outcomes but does not make decisions or recommend a particular solution.
  • If an agreement is reached, the mediator records the outcome in writing. Depending on the type of mediation, participants may wish to obtain independent legal advice before making the agreement legally binding.
  • If no agreement is reached, mediation can still be valuable. Participants often gain a clearer understanding of the issues, improve communication, identify areas of common ground, or narrow the matters that remain in dispute.

What happens on the day of Mediation?

  • On the day of mediation, the mediator will welcome everyone, explain how the session will be conducted, and answer any final questions about the process. The mediator will outline the ground rules, including respectful communication, confidentiality, and the voluntary nature of mediation, to help create a safe and constructive environment.
  • Each participant will have the opportunity to explain the issues from their own perspective without interruption. The mediator will listen carefully, summarise the key points, and help identify the matters that need to be discussed.
  • Throughout the session, the mediator will facilitate the conversation, helping participants communicate effectively, explore their concerns, and consider possible solutions. The mediator may ask questions, clarify information, and encourage participants to focus on their needs and interests rather than positions.
  • Where appropriate, the mediator may hold private meetings with each participant. These confidential discussions provide an opportunity to raise sensitive issues, explore possible options, or discuss any concerns about the process. Information shared during a private meeting will not be disclosed to the other participant without permission.
  • There may be breaks during the session to allow participants time to reflect, seek advice if appropriate, or take a short pause before continuing discussions.
  • If the participants reach an agreement, the mediator will record the agreed outcomes in writing and explain the next steps. Depending on the type of mediation, participants may wish to seek independent legal advice before making the agreement legally binding.
  • If an agreement is not reached, the mediator will discuss the options available and outline any appropriate next steps. Even when full agreement is not achieved, mediation often helps clarify the issues, improve understanding, and identify common ground that may help resolve the dispute in the future.

How Long Will Mediation Take?

  • The length of mediation depends on the complexity of the issues, the number of matters being discussed, and the willingness of participants to engage in constructive dialogue.
  • Some disputes can be resolved in a single mediation session, while others may require additional sessions to allow time for further discussion, information gathering, or consideration of possible solutions.
  • A typical mediation session may last several hours, with breaks provided as needed. The mediator will help manage the time effectively while ensuring that each participant has a fair opportunity to explain their perspective and contribute to the discussion.
  • Before mediation begins, the mediator will discuss the expected time commitment, how the session will be structured, and whether additional meetings may be required.
  • The aim of mediation is not to rush participants into an agreement, but to provide enough time and space for meaningful discussion and for participants to reach decisions that they understand and are comfortable with.

Who Will Be Present at the Mediation?

  • The people present at the mediation will depend on the type of dispute and the arrangements agreed before the session begins. In most cases, the participants involved in the dispute will attend along with an independent mediator who manages and facilitates the process.
  • The mediator's role is to remain neutral and impartial. They do not represent either person, take sides, or make decisions. Their role is to help everyone communicate effectively, understand the issues, and explore possible solutions.
  • Depending on the circumstances, other people may also attend, such as legal advisers, support people, interpreters, or specialist advisers. Anyone attending should understand the purpose of mediation and respect the principles of confidentiality and respectful communication.
  • In some mediations, participants may be in the same room throughout the session. In others, they may be in separate rooms or separate online spaces, with the mediator moving between them. The arrangement will be discussed in advance and designed to ensure that everyone can participate safely and effectively.
  • Before the mediation begins, participants should know who will be attending, what each person's role is, and what to expect from the process.

Will we all be in the same room?

  • Joint sessions — At the start, I often bring everyone together in one room. (However, if you would prefer this not to happen, we have other options.) This allows the mediator to set ground rules, outline the process, and give each person a chance to speak. Joint sessions help establish transparency and shared understanding.
  • Private caucuses — At any point, the mediator may separate the parties into different rooms. This is common when emotions are high, communication is breaking down, or sensitive issues need to be discussed privately. The mediator moves between rooms, relaying information carefully and neutrally.
  • Hybrid approach — Many mediations shift back and forth: start together, split apart, then reconvene if progress is made.

Can we have separate meetings with the mediator?

Yes — separate meetings with the mediator are not only allowed, but they're also a standard part of mediation. These private conversations are called caucuses, and they're one of the mediator's most important tools for helping people move toward agreement.

What separate meetings (caucuses) actually do

  • Private space to speak openly without the other party present
  • Reality‑testing — the mediator can gently challenge assumptions or explore options with you
  • Safety and comfort — useful if emotions are high or communication feels difficult
  • Strategy building — you can talk through offers, concerns, or possible compromises privately
  • Information control — the mediator only shares what you permit to share

Will the mediator decide who is right?

No — as your mediator, I will not decide who is right. In mediation, nobody gets declared the winner. The mediator's job is to help both sides understand each other and work toward a solution, not to judge or rule on the dispute.

  • No rulings— Mediators don't issue decisions the way a judge or arbitrator would.
  • No blame‑assigning — They don't say one person caused the problem or that one person is at fault.
  • Neutral guidance— Their role is to stay impartial and help both sides communicate.
  • Focus on solutions — Instead of deciding who's right, they help you explore options that meet everyone's needs.
  • It keeps the process safe and non‑judgmental.
  • It encourages open conversation rather than defensive arguing.
  • It allows both sides to stay in control of the outcome.
  • It avoids the win‑lose dynamic that often makes conflict worse.