Our Mediation Process

Initial Interview & Consultation

I will interview each party separately in a private session.

This will be where I will assess the circumstances of the dispute, to determine if you and / or your case is suited to mediation.

I will also take the time to understand all of the matters in dispute, points of view, areas of disagreement

I will also identify whether there might be any special needs such as whether the case might require a joint mediation session, expert or financial advice etc. other information or other issues I will ask you to sign a service agreement

I will also encourage each party to consult a lawyer before and during the mediation however lawyers need not attend the mediation

I will also take the time to help you prepare for the joint mediation session

Intake Forms

I will provide each party an intake form, which will lay out all of the ground rules before commencing mediation, which the parties are then asked to sign.

It will spell out the need for all parties to be respectful, to listen and to not interrupt.

The form will require you to provide some information and answer some questions relevant to how the mediation might need to be set upand whether additional resources such as legal advice or other inputs might be required.

Joint mediation session

I will lay down the ground rules for mediation and if agreed by both parties will ask each to sign the agreement to mediate.

I will explain the roles of the parties

I will endeavor to remain neutral and impartial throughout the mediationand provide each party with equal time to speak

At times during the session tensions can become elevated, and might require you to get some fresh air and take a break. This is allowed at any time during the mediation

I will encourage each party to raise their issues and any frustrations and enunciate your desired outcome.

We will stimulate discussion, expressing your views and work towards providing a summary of the issues.

Working together this will help both parties to set an agenda.

I will empower you to look for options for resolving the dispute and what a mutually agreed outcome might look like, in personal and legal terms.

I will encourage you to road test (check whether these options are workable)

When you are satisfied that we a positive agreement, I will help you document and sign an agreement.

This can then be sent to your lawyer and other relevant parties.

My Rules

I will not offer legal or other professional advice.

I will not make any decisions or force results on either party.

I will take notes which will remain confidential.

I am obliged to act ethically.

Separate private sessions

At various times you might need to check in and talk with the mediator privately one on one.

This discussion will remain confidential except for any items you wish to disclose to the other party.

This is an opportunity where you can discuss your thoughts, feelings and other ideas.

You can explore other ideas and consider possible solutions.

We can also road test these ideas; check out how they might actually work in the real world.

I will encourage you to consider negotiating with the other party and to get to a settlement.

You will then be ready to head back in to the joint mediation session, where I will assist you to negotiate, make offers, create solutions and generate an agreement.

I will help you draw up the final agreement

I will help you set goals for reviewing how the agreement is going

Post Mediation

If you want to meet post mediation I am happy to do so to follow up on how the agreement is working

I will issue you with a review form, which will ask for your evaluation on the mediation process.