TL;DR

• Mediation is a structured meeting where an independent mediator helps people negotiate an agreement.
• It is private and focused on problem solving. The mediator does not decide the outcome.
• Each person has time to speak, explore options, and reality test proposals.
• If you agree, terms can be written up. If not, you can consider next steps.
• This page is general information. For guidance about your situation, speak with a qualified professional.

Mediation in plain English

Mediation is a confidential process that helps people resolve disputes with the support of a trained, neutral mediator. The mediator manages the conversation, keeps it fair, and helps you explore options. They do not take sides or make decisions for you. Mediation is used in many areas, including family matters, workplace issues, and civil disputes.

Before mediation

• Intake or pre-mediation call. The mediator usually speaks with each person or their lawyer to understand the issues and any safety or accessibility needs.
• Preparation. Gather key documents and think about goals, acceptable outcomes, and where you can be flexible. If you have a lawyer, they can help you prepare.
• Format. Mediation can be in person, online, or by shuttle where you are in separate rooms and the mediator moves between you.

What happens on the day

1. Opening. The mediator explains ground rules, confidentiality, and their role.
2. Each side speaks. Everyone has a chance to outline the issues and what matters to them. The mediator may ask clarifying questions.
3. Issue list. The mediator helps create a list of topics to work through so the discussion stays organised.
4. Private sessions. The mediator may meet with each person privately to reality test ideas and explore options.
5. Negotiation. You work toward proposals that address the key issues. The mediator helps keep communication respectful and focused.
6. Recording outcomes. If agreement is reached, the terms can be written into a heads of agreement or draft orders for legal review.

After mediation

If you reach agreement, next steps might include formalising terms with consent orders or a written agreement. If you do not reach agreement on every point, you can still settle what you can and consider other options for the remaining issues. Your lawyer can explain the processes available in your matter.

Safety and accessibility

Tell the mediator about any safety, health, or accessibility needs. Arrangements such as shuttle mediation, support persons, or video attendance can be considered. The aim is a process that is safe, fair, and workable for everyone involved.

Do I bring a lawyer to mediation

Many people attend with a lawyer. Others attend alone and seek legal advice before or after the session. The right approach depends on your situation. Mediation is about informed decision making, so it is sensible to understand your options and any likely next steps.

Time and cost

Sessions commonly run for half a day or a full day, though timing varies with the issues. Costs differ depending on the mediator, venue, and whether lawyers attend. Ask for clear information about fees and what is included before the session.

People also ask

Is mediation confidential

Mediation is generally private. What you discuss is not usually used outside the process, with limited exceptions set by law. Ask your mediator how confidentiality works in your matter.

Is the agreement made at mediation legally binding

Not automatically. Terms can be written up and later turned into a binding agreement or consent orders if appropriate for your matter. Get advice before you sign anything.

Do I have to be in the same room as the other person

No. Shuttle or online formats can be used. Tell the mediator about your needs so they can plan a safe and workable setup.

What if we cannot agree at mediation

You can pause, gather more information, or consider other resolution options. Mediation can still narrow issues even if you do not settle everything.

FAQs

What does the mediator actually do

The mediator manages the process, helps clarify issues, and reality tests options. They do not act as a judge and do not give legal advice.

Can I bring a support person

Often yes, by agreement with the mediator and the other side. Let the mediator know in advance so expectations are clear.

What should I prepare

Key documents, a short list of priorities, and ideas for options you could accept. If you have a lawyer, ask about likely questions and any documents to bring.

How do we record an agreement

Outcomes can be written into a heads of agreement or draft consent orders for review. Your lawyer can explain formalisation steps for your type of matter.

Does mediation replace going to court

It can resolve or narrow issues so you may avoid court or shorten the process. If matters remain, you can still consider court processes.

Next steps and how we can help

If you are thinking about mediation, Wright Street Lawyers can provide general information about typical steps, preparation, and how outcomes are recorded. In an initial chat we can discuss your goals, documents, and options for a safe and workable process. For tailored advice, a lawyer can assess your circumstances and explain your options.

Contact: Wright Street Lawyers, wrightstreetlawyers.com.au

Accessibility: If phone is difficult, use our website form or email and we can reply in writing. Let us know if you need adjustments for appointments.

Important disclaimer

This page provides general information about mediation. It is not legal advice. Laws and procedures can change. Your situation may be different. For advice about your circumstances, speak with a qualified professional.