How mediation works
A mediation session is a structured meeting led by one or two accredited mediators. It allows people in dispute to talk about their differences and find a solution that works for everyone.
All parties will have a chance to talk about their concerns and how they want to resolve the matter.
Mediation sessions can take around 3–4 hours.
Mediation is also privileged. This means that nothing you say during mediation can be used in a court or tribunal.
Mediators are impartial
Mediators don’t take sides or give advice. However, they do set some basic rules to ensure the mediation process is respectful, fair, and balanced.
The mediators will:
- create an environment where everyone can speak and be heard
- guide you through a structured mediation process
- keep the discussion on track.
The mediators will not:
- take sides
- decide who is right and wrong
- give legal advice
- force you to reach an agreement.
Before mediation
We'll contact the people involved
After you apply for mediation, we'll contact the other parties to:
- explain the mediation process
- invite them to a mediation session.
The other people have 2 weeks to respond to the letter of invitation to mediate. If they say no or don't respond, we’ll close your case and let you know.
We may also contact you to clarify information or check if there are any court orders about your case.
We’ll schedule a mediation session
If everyone agrees to take part, we'll arrange a mediation session.
Mediation sessions take place in a neutral location. For example, a meeting room at your local Dispute Resolution Centre, a video call, or a teleconference.
Our staff will decide the best time, date, and location after speaking to the people involved in the dispute.
Preparing for mediation
It is important that you prepare for your mediation session. All parties will make an opening statement at the session.
You may want to gather relevant documents and write some notes, so you know what you want to say.
When preparing for mediation, think about:
- what you want to get out of mediation
- what can be done to resolve the conflict (write down a few different options)
- how the situation is affecting you
- how the other person feels about the situation.
At mediation
During your mediation session, you will talk to the mediators and the other parties as a group. There is also time to speak to the mediators privately.
Remember to keep an open mind. At your mediation session you should:
- take part in discussions as much as possible
- be open and honest
- follow the rules set by the mediators.
You can tell the mediators that you would like to take a break at any time.
After mediation
If you reach an agreement the mediators will help you write down the relevant details.
Usually, mediation agreements aren’t legally binding. Learn more about mediation and the law.
How to apply
Apply online or by calling your nearest Dispute Resolution Centre.