Mediation Process

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• The mediator is approached by an individual to assist.  (This can be a parent or family member for family mediation or usually a HR referrer / Manager for workplace mediation). 

• The mediator telephones or writes to the other person involved and asks if he/she is willing to consider mediation.  (With regards to Workplace Mediation this is usually conducted by the HR referrer). 

• If yes, the mediator organises a private intake session (usually 1 hour) per person.  This session discusses whether mediation is appropriate and provides information for the mediation.  

• This intake session can take place at a neutral venue or video conferencing.  (If selecting video conferencing, all parties will need access to laptop/computer with appropriate access to video conference - please contact me for further requirements).

Mediation takes place after the initial intake meetings with each party and if the Family Dispute Resolution Practitioner / Mediator) deems the issues and circumstances presented to be suitable for mediation.

A typical mediation session starts where each party and the mediator present opening statements. From the parties’ statements, an agenda is created and then ordered for discussion.

Options are then put forward by the parties towards resolving each agenda item.

In the case of family mediation, negotiation takes place facilitated by the mediator towards reaching agreement with the child's/children's or elder person's best interests being of importance.  During workplace mediation the negotiation is usually around how parties can best work together moving forward. 

Agreements reached will be written up in a Parental Plan or a Summary Document.  In the case of family mediation, the parties can redraft the agreement into a legally binding document after receiving advice from their lawyers.  With regards to workplace mediation this step will depend on the particular companies applicable procedures.   

Although you set the agenda for mediation.  

Common parental items are:

• Child Education – where the child will go to school
• School holidays
• Special occasions
• Health
• Day to day issues e.g. changeover, discipline
• Extra-curricular activities
• Religion
• Financial responsibilities for the child/ren 

Common elder person items are:

• The elder person driving
• Day-to-day plans with the elder person
• Arrangements around dementia 
• Issues between family siblings and the elder person

Common workplace items are:

• Role ambiguity
• Poor Communication
• Personality clashes over values
• Unrealistic expectations

If there is no agreement reached at mediation, you can: 

Family Mediation -

• reschedule a further mediation

• request a s60i Certificate to enable you to commence proceedings in court. 

• contact a lawyer to get further legal advice

Workplace Mediation -

Speak to your HR Professional to identify the policy and procedure around next steps.