Mediation Process

The following framework is approved and mandated under National Mediator Accreditation Standards (NMAS).

Intake

You and the other party in the dispute will both engage Thread by entering into an Agreement to Mediate. Mediation can be performed relatively quickly depending on the parties’ availability, and mediations are often either half or full day sessions.

The mediator may require a preliminary meeting prior to the formal mediation, depending on the circumstances.

Mediation attendees

Those that attend the mediation must have authority to settle the matter. Parties may need to consult with others outside the session to assess or confirm the agreement. That consultation can be performed during the mediation or as a follow up action, bearing in mind confidentiality rules.

Preliminary Stage

Both parties should prepare for mediation by reading any documents that have been submitted by each party. If lawyers are involved and the dispute is complex, the mediator may convene an informal conference to agree on the process for mediation, the production of further documents or any special requests.

Location of Mediation

The mediation will be held in a suitable and convenient location to both parties.

Thread can assist in identifying a suitable location. Mediation can be held in regional areas or interstate if required, or alternatively, via online Zoom, MS Teams or other online platform.

Starting the Mediation and Opening Statements

A joint meeting is held where the Mediator introduces the parties and explains the purpose of the mediation and the roles of parties.  The Mediator will explain protocols for the conduct of the mediation. Parties will be asked to make opening statements.

Agenda Setting

The mediator will assist you both to identify and agree upon the key issues to ensure they are addressed in the mediation hearing.

Exploration

You and the other party will be encouraged to explore each issue fully by responding to questions, talking about your perspectives, interests, feelings and opinions.

Private Sessions

After the joint meeting ends each party will meet the Mediator in separate private and confidential meetings to discuss possible options for resolving your dispute and check the status of progress to date. These private meetings are confidential and nothing revealed to the Mediator will be disclosed to the other party, unless prior permission has been given.

Negotiating outcomes / options

Consider and explore options to improve the situation or relationship and discuss/negotiate mutually agreeable and workable solutions.

Agreement and conclusion

If agreement has been reached during the mediation, then you and the other party (or your legal representative) will document the agreement for signing.

Discuss and agree on any further steps that may be needed to finalise and implement the agreement.

Conclusion

Success has been achieved when the following can be demonstrated:

• The parties in dispute attended voluntarily
• The process was conducted respectfully
• Both parties were able to understand the other point of view
• A position of agreement has been reached at the conclusion of the process

If agreement cannot be reached then mediation may end, with each party seeking further action as they wish, without breaching confidentiality of the mediation process.  Subsequent mediation hearings can occur if both parties wish to re-engage at any time.