FAQs

Mediation is a dispute resolution tool. It is based on the principle that people are capable of resolving their disagreements if given the right support. It is non-adversarial and the parties agree that all information will be shared in a safe, neutral environment.

During a mediation, the parties work in good faith to resolve their conflict, and the process allows them to craft an agreement that best suits their interests.

The mediators do not judge who is right or wrong but work with both parties to ensure their needs are met.

Mediation is a voluntary process and, after informing the mediators, parties can withdraw or choose not to participate at any time.

Helen Collins has a Master of Conflict Resolution degree from La Trobe University. She is a nationally accredited mediator under the National Mediation Standards and is a member of Resolution Institute (the national peak body for mediators) and VADR (the Victorian association for mediators).

The mediator will contact each party and ask them a series of questions to assess whether mediation will be helpful in resolving their conflict. During mediation intake, the mediator will explain the mediation process and answer any questions the parties may have.

Mediation intake may take between 45 and 90 minutes.

After the mediator completes the mediation intake with each party (and support people if they are attending), they will organise a date, time and venue for the mediation.

The parties (and support people if they are attending) and the mediator must sign a mediation agreement before the mediation can take place.

Signing the mediation agreement confirms that everyone attending the mediation is aware of:

• The role of the mediator
• Confidentiality provisions
• The ability of parties to withdraw at any time
• The ability of the mediator to terminate the mediation if they deem it is not productive
• The legal status of the mediation
• The mediator’s disclosure statement that they are unaware of a prior relationship with the parties
• Exclusion of liability and indemnity for the mediator.

The mediation will begin with everyone attending the mediation signing the mediation agreement.

Then the mediator will guide the parties through a series of steps:

• Opening statement from the mediator: the mediator will describe the process, discuss confidentiality and remind the parties that the process is voluntary and that they can ask for a break at any time
• Parties’ statements: each party outlines the issues they believe have led to the conflict
• Summaries of the issues: the mediator will summarise the issues mentioned by each party to ensure their views have been accurately captured
• Development of an agenda: the mediator and the parties will develop an agenda that incorporates the issues the parties have raised
• Exploration of topics: the mediator will encourage the parties to discuss each item on the agenda to ensure all issues are thoroughly canvassed
• Private sessions: the mediator will meet with each party separately to check on their progress and to encourage them to develop options to resolve their issues. Nothing that is discussed in these sessions will be disclosed to the other party
• Joint negotiation session: both parties offer their options to resolve the conflict
• Agreement and closure: parties develop an agreement.

It is impossible to predict how long a mediation will take with any degree of precision as each mediation is different. However, it is useful to allow three hours to work through the process. Although this may seem a long time, usually the conflict has become quite entrenched before mediation is attempted and adequate time must be given to discuss all the issues.