What can I expect?

How does the mediation process operate?

Mediators don’t simply turn up on the day (or they certainly shouldn’t) without a solid understanding of the conflict or disagreement. A mediator will enter a dispute in a number of ways - for example, being referred by organisations, the courts, or by the party’s themselves.

Sometimes mediators may be required to contact the other party to obtain an agreement to mediate. This is performed in an impartial and transparent manner.

If both parties agree to my involvement as the mediator, my involvement commences with an intake.

The intake process:

During the intake, Mediators will gather information about the dispute and the participants, and among other matters, using my experience to assess the suitability of the matter being mediated. Nathan is guided by National Mediation Accreditation Scheme (“NMAS”) Practice Standards, section 3.2 during this process.

Preliminary conferences:

In some situations it will be necessary to have a preliminary conference. This is usually limited to business or commercial type mediations to ensure documents are exchanged, authorities to settle the dispute on behalf of organisations are organised and personal arrangements are facilitated. If this is necessary in your matter, this will be discussed prior to the mediation.

The mediation:

We utilise a six-step process during the mediation, which is as follows:

Step 1: Mediator opening statement. The mediator makes an initial opening statement, setting the guidelines for the mediation, explaining the role of a mediator and providing an opportunity for preliminary questions about the mediation process.

Step 2: Party initial statements. Participants to the dispute (i.e. you) will be provided an opportunity to make initial statements to the mediator. Initial statements provide a mediator with the information about the problem from each party’s perspective, and conversely allow the parties to hear each other’s concerns directly, and in a managed manner.

Step 3: Defining the issues. Using what was identified during the party initial statements, together we will seek to identify and define the issues that are to be resolved at the mediation into effective future-focused language.

Step 4: Exploration of the issues. With the issues clearly identified, you will be provided the opportunity to discuss your particular concerns, exchange perspectives and information. This allows realistic dialogue with respect to generating workable and acceptable settlement options.

Step 5: Generating options, negotiation and problem-solving. Using a variety of techniques, we work towards generating realistic and workable solutions to the dispute. Mediators assist you in generating creative solutions, and where necessary challenge perspective on the ‘real-world’ consequences and merits of particular decisions.

Step 6: Final decision-making, recording and closure. Once those options have found acceptance, mediators then assist you clarifying the this acceptance into a settlement and bring the mediation to a close.