Frequently Asked Questions
How much does mediation cost?
Thread will provide full details during your first no-cost consultation. Fees are usually charged on a per stage basis so you know exactly where you stand and there are no surprises. Parties often share the costs equally and fees are paid prior to the relevant stage/hearing date. Thread Mediation services/costs include mediation session(s), venue hire, pre-session preparation, co-ordination and travel if applicable.
What does the mediator do?
Mediation is a way of resolving disputes as an alternative to litigation and arbitration. Mediators are not decision makers. A mediator will assist parties to resolve the issue. Parties in the mediation may withdraw from the mediation process at any time.
Is mediation suitable for me?
Mediation can be a suitable option where parties want to:
- reduce costs
- control the settlement process
- understand more about the other parties' views in a controlled environment
- potentially work together or communicate with one another in the future
- settle quickly
- keep information confidential
Is mediation successful?
Mediation is a cost effective and low risk option that generates high success rates. Mediation can lead to win-win outcomes as opposed to one party achieving a successful outcome at the expense of the other. Where a dispute is not resolved, communication with the other party during the mediation process often proves beneficial to those involved.
How long will the mediation take?
Mediation meetings are usually between half and full days, depending on the complexity of the matter. In more recent times, mediations may extend to subsequent sessions, if applicable.
When can I go to mediation?
Parties can use mediation at any stage during a dispute process, and it can be adopted prior to a dispute reaching court. Courts and Tribunals may refer parties to mediation in certain situations.
Do I need to speak or interact with the other party during mediation?
Mediation requires the involved parties engaging with each other either (1) in person, (2) via a 'shuttle' arrangement, or (3) online; and discussing issues in a regulated environment. Parties are expected to listen to each other, be respectful and allow the mediators to control the day. Both parties will have separate private sessions with the mediator.
Where will the mediation occur?
Mediations can be held at various locations, depending on the parties involved. Mediations usually occur in office/meeting room environments where break out spaces are also available for private sessions. Thread can recommend venues in the city or elsewhere if required.
What are the right ingredients for a successful mediation?
Mediations are most likely to be successful when attendees:
- are willing to try and resolve the issue and are open options
- act in good faith and with respect in relation to the other party
- have the ability to self-reflect and put themselves in the other parties' shoes
- are able and ready to deal with the past and look to the future
Online mediation?
It is common in this COVID environment for mediations to occur online via Zoom, MS Teams or other platforms. Thread Mediation can co-ordinate this with the parties should this be required.
What happens during a mediation?
Mediators do not take sides at any stage during or after a mediation and remain impartial. I will follow the National Mediation Accreditation Standards (NMAS) as stipulated in the Lawyers Mediation Course conducted by the Victorian Bar Association. When conducting the mediation:
- The mediator will control the process and facilitate opening statements from the parties
- The mediator will manage communications and help the parties manage emotions
- Thread will ensure parties agree on the agenda and ensure these items are addressed
- The mediator will break out into private sessions with each party
- Thread will establish an environment where parties can talk in a respectful way, and help the parties explore and expand options
- Thread will assist the parties to reach agreement. Importantly, the mediator will not make a decision, provide legal advice or pass judgement about the way in which the matter should be resolved.
- Thread will help the parties document an agreement, if applicable
Is it confidential?
Yes, the mediation process and meetings are private and confidential. NMAS and various legislative provisions require that mediators maintain strict confidentiality.
Do I need a lawyer during or before mediation?
Each case is different. You may or may not need legal advice or representation during the mediation process. Depending on the nature of the dispute, you may wish to have a lawyer assist you, and you may be referred to an external body for legal advice prior to the mediation. At the end of the mediation the parties may engage lawyers to prepare and formalise any applicable agreements if this is not completed during the mediation itself.
For wills/estate and divorce/separation matters, it is highly recommended that the parties understand their legal entitlements prior to mediation; in some cases consulting a lawyer may also be required (for example) under the Family Law Act regarding divorce settlements.