About BROOKS Mediation

What is Mediation?

Mediation is a structured negotiation process involving an independent, neutral mediator who assists parties in reaching mutually acceptable agreements. This is achieved by facilitating open and honest communication between the parties involved.

The mediator’s role is distinct; they do not provide legal advice, make findings, or impose decisions on the parties. Instead, a mediator fosters constructive dialogue, helping each party gain insight into the other’s perspective, identify common ground, and develop mutually acceptable solutions.

Why Choose Mediation?

Mediation vs. Litigation: A Better Way to Resolve Disputes

When it comes to dispute resolution, mediation stands out as a cost-effective, speedy, and highly efficient alternative to traditional litigation. This voluntary and confidential process empowers participants to make informed decisions and control the outcome.

Key Benefits of Mediation:

  1. Cost-Effective: Mediation is a more affordable option compared to protracted court battles.
  2. Swift Resolution: Disputes are resolved faster through mediation, avoiding prolonged legal proceedings.
  3. Empowerment: Participants have the authority to shape the process and its final result.

Mediation also fosters positive relationships by identifying common interests and enabling creative, tailored solutions to meet the unique needs of all parties involved.

Understanding the Mediation Process

What to Expect During Mediation

A skilled mediator will skillfully navigate both parties through the complete mediation process, starting from the initial pre-mediation phase and concluding with a successful agreement. Throughout this journey, the mediator is dedicated to active listening and providing support, ensuring the parties reach mutually acceptable solutions.

The mediation process typically comprises four crucial stages:

1. Pre-Mediation

Preparing for Mediation: A Confidential Consultation

Before a mediation session begins, the mediator offers a confidential consultation to the involved parties. During this meeting, the mediator discusses the issue to be resolved and evaluates whether mediation is the appropriate solution. This consultation serves as an opportunity for the parties to address any questions or concerns about the mediation process and set clear expectations for all participants.

Following a thorough explanation of the mediation process, the mediator presents the parties with an ‘Agreement to Mediate’ form. This document formalizes the commitment of both parties to engage in the mediation process.

Sample Pre-Agreement
2. Preparing for Mediation

Preparing for Your Mediation Session: Key Considerations

Before your scheduled mediation session, it’s crucial to allocate time to reflect on the issues you wish to address and the desired outcomes for both yourself and the other party. This proactive approach allows you to anticipate potential outcomes during the mediation and be well-prepared to respond effectively.

Furthermore, it is essential to plan for your mediation day by considering the following:

  1. Support: Will you require a support person or legal representation to accompany you?
  2. Interpreter: If language barriers exist, will you need an interpreter to facilitate communication?
  3. Documents: Identify any relevant documents you need to bring along.
How to Prepare for Mediation
3. Mediation

The Role of an Accredited Mediator in Mediation

In the mediation process, an accredited mediator serves as a neutral third-party, offering a balanced and unbiased approach. They actively listen to and acknowledge the viewpoints of all parties involved, facilitating communication in a rational and pragmatic manner.

The mediator’s key responsibilities include:

  1. Open and Honest Dialogue: Encouraging open and honest discussions to promote understanding and common ground.
  2. Exploring Alternatives: Guiding parties to explore alternative solutions by delving into each other’s positions and interests.
National Mediator Practice Standards
4. Agreement

Formalising Agreements in Mediation

In the event that a mutually acceptable agreement is reached during mediation, the mediator can assist the parties in creating a formal mediation agreement. This agreement ensures that the terms are legally enforceable by either party. Importantly, it is kept confidential and cannot be disclosed to third parties unless both parties expressly grant consent, such as in court or to government departments.

However, if an agreement remains elusive, the parties may consider alternative dispute resolution methods, including arbitration or pursuing the matter in court.

Sample Mediation Agreement

Resources

Need Help?

FREQUENTLY ASKED QUESTIONS

Who can be a mediator?
Anyone who has received their accreditation from the Australian National Mediator Standards (NMAS) can practise as a mediator in Australia. While many mediators come from the legal profession, non-lawyers bring a lot to the table by bringing fresh perspectives to resolving conflict outside the traditional legal system.
Is mediation a confidential process?

Mediation ensures strict confidentiality. Information shared during mediation remains private and cannot be disclosed outside the mediation process, except when permitted by the parties involved or mandated by the law.

The terms of the mediated agreement are also confidential. Nevertheless, parties have the option to include a provision in the written agreement, allowing them to share it with third parties, such as a court or government department.

What happens if we don’t reach an agreement?

In the event that an agreement remains elusive, parties may opt to pursue their dispute in a court of law. Importantly, information shared during mediation is held confidential and generally cannot be used as direct evidence against any party in a court proceeding.

Do I have to be in the same room as the other party?

Shuttle Mediation at BROOKS Mediation: A Unique Approach

At BROOKS Mediation, we specialize in a unique mediation method known as ‘shuttle mediation.’ In this approach, parties are situated in separate rooms, and the mediator ‘shuttles’ between rooms to convey each party’s position and facilitate the exchange of settlement offers.

Shuttle mediation offers several advantages:

  1. Reduced Tension: Parties are spared the tension and anxiety of being in the same room, promoting a more comfortable atmosphere.

  2. Safe Space: It creates a secure environment for parties to thoroughly consider the other side’s perspective without the pressure of immediate responses.

What if the other party doesn’t agree to a mediation?

Mediation is a voluntary process that requires the consent of both parties involved. If the other party does not agree to participate in mediation, the process cannot proceed. All parties must willingly agree to engage in mediation for it to take place.

We acknowledge and respect the Traditional Owners of this country and we recognise their continuing connection to this land, its waters and its communities.

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