Choosing the Right Approach for Your Mediation in Sydney
As a mediator, I will typically conduct an intake assessment with each of the parties individually. If the parties are represented by a lawyer, the lawyer will attend as well. The critically important intake assessment permits me to ascertain which form of mediation in Sydney will work best for the parties and their lawyers. This is notably relevant when there are allegations of high conflict and/or family violence.
During this assessment, I will determine what issues need to be dealt with. We will aim to discuss and decide the best way to approach the mediation. Mediations can be conducted jointly, with all participants in the same location. Other mediations can be pursued on a more individual basis, being a method known as shuttle mediation. Here the participants are in separate rooms and the mediator ‘shuttles’ back and forth to gather and share information between the parties. This can especially be relevant if there are allegations of family violence, and/or either party simply does not feel comfortable being in the same room as to the other party. It is important that the parties feel both safe and comfortable.
In addition, mediations can also be conducted by a video conferencing platform through Microsoft Teams.
Mediation Process
Step 1
To begin the Mediation process, I will explain to the parties my impartiality, the confidentiality requirements, and the steps that will be undertaken during the process. All the parties and their lawyers, as well as I as mediator, are bound by in the case of the lawyers, their own professional conduct rules and have a strict duty of client confidentiality. Discussions or documents, excluding financial disclosure documents exchanged are legally privileged and conducted on a “without prejudice”.
I will then ask the parties or their legal representative to outline their goals or expectations from the mediation process.
Step 2
Step 3
Next, I will identify any common ground that the parties have to highlight the areas of dispute.
It is important to then set out an agenda. Such an agenda outlays out the outstanding issues that still need to be resolved. I will then ask the parties to prioritise the agenda items as well.
Then comes the actual negotiation process. Each party, led by me, will have the chance to lay out their respective apprehensions, interests and requests. It is aimed that these discussions will lead to options and possible solutions.
Step 4
Step 5
Once the sessions have concluded, hopefully with a settlement, I will bring the parties back into the joint session; or if relevant, resume the shuttle process.
Throughout the mediation in Sydney process, my goal is to facilitate open communication and guide the parties toward a mutually beneficial resolution. Whether conducted in person or via video conferencing, mediation provides a structured yet flexible approach to conflict resolution, ensuring that all parties feel heard and supported in reaching an agreement.
Partner with a Skilled Mediator for Your Clients
Ensure your clients receive a fair and effective dispute resolution process. Work with a trusted mediator who understands legal complexities and facilitates productive discussions.
Contact Neil Jackson today or call 0410 403 965 to discuss how mediation can benefit your clients.