Northern Beaches Mediation FAQ

A wide range of disputes are suitable for mediation including:

• neighbours – fences, trees, noise, pets, children, access, music
• families – separating couples, step families, parents and children, carers
• business – with clients, contractors, quality of or payment for work done
• civil and small claims matters
• workplace – relationships, non-industrial matters
• between and within communities – residential, school, social, business, service, sporting …

If you’re not sure if mediation is right for you, please contact our office.

Mediation can work whenever the parties come to the table in “good faith”, and are willing and able to negotiate freely. But this may not be possible if, for example where:

• one party does not wish to come to mediation to find a workable agreement with the other party.
• there is fear of violence
• there is a significant ‘public interest’ in the outcome of the dispute
• a party is under constraints or instructions which prevent them coming to an agreement
• a party lacks the power or ability to negotiate on their own behalf.

Mediation provides a safe and informal environment for people to talk to each other to sort out problems.

Studies show that over 80% of mediation results in an agreement being reached. This is because people make their own decisions and are therefore more committed to the outcome.

Even if agreement cannot be reached there has been the opportunity to clarify the issues and understand each other’s point of view.

Reluctance to talk with you may not necessarily mean a refusal. They may be prepared to speak with you in a safe, controlled and neutral environment, like mediation or if they are not prepared to speak with you they may discuss the issues with us.

Some people are also reluctant to accept an invitation from the  other  party in the dispute to come to mediation. If this could be the case, we at NBM will send a letter of invitation on your behalf.

Most people contacted respond positively to a letter inviting them to discuss the matter and/or arrange mediation. If they are still reluctant we will speak with them to discuss how mediation can assist them or discuss other options that may help settle the matter.

Mediation is voluntary and can only work when everyone agrees to meet and discuss the problem.

NBM cannot force anyone to attend mediation nor can we enforce agreements which have been reached at mediation.

Before anyone is asked to come to mediation we have a private session with all the parties to ensure that everyone understands exactly what the process is, what they can expect to happen and to answer any questions or concerns they might have.

If the person/s do not wish to mediate we can discuss other options that are available to you.

If the other person declines, our involvement ends.

The sooner the better, before matters have escalated and unnecessary expenses have been incurred.

Mediation can be held at any time during a dispute, regardless of what options are available and even when legal proceedings are involved.

Mediation doesn’t have to be a ‘last resort’. It can break a deadlock in friendly discussions as well as hostile ones.

Not everyone may be ready for mediation at the same time. Before people decide whether mediation is right for them:

• they need time to consider and compare other options
• they may need to obtain more information about their situation
• they may have commitments (work, health, family, financial) that have to be considered
• they may need time to overcome anger, fear or other negative emotions that may prevent them from being fully present for mediation to be successful.

All you need to do is contact NBM by phone, fax, letter or e-mail. See “Contact Us”. We will ask you to come in and speak with our mediator about your concerns and the other person/s involved.

Mediation sessions are arranged at times that suit everyone and are held at our offices in Mona Vale by telephone conference, skype conference or email.

This all depends on the availability of all person/s involved and how long it takes the other person/s to contact NBM. NBM can arrange a mediation usually within a week of all person/s agreeing to mediate.

A mediation session typically takes between 2 and 4 hours. Mediation may take longer where there are a number of people and issues involved. If these are many we may schedule several sessions to cover all the issues adequately.

Sometimes one session is all that is needed, but most often several sessions are needed to ensure the best outcome.

All people involved must agree on who is attending before the session is held.

All people who are involved in making decisions should attend.

“Support people” may attend if required, however they do not participate in the session. If you wish to bring a ‘support person’ with you, raise this with us when arranging the mediation.

Lawyers and solicitors are generally not required as mediation is not a legal process. People involved should seek legal advice before mediation if necessary, or before signing any agreements.

Agreements made in mediation are not legally binding. The agreements are made in good faith and it is up to the parties to keep the agreement. If you have any concerns regarding this, speak with us first, before raising it in mediation. You can do this by requesting  a private session at any time during the mediation.

At the completion of the process you can make your agreement verbally or, if you prefer, NBM will write up the agreement for you. You may sign or not sign this written agreement, as you choose. It is really just a reminder of the detail’s discussed in mediation and the agreement reached.

At any time these agreements become unsatisfactory for either party or additions need to be discussed, you can appoint for further mediation sessions to review and rewrite new agreements as needed.