Mediation Frequently Asked Questions

Mediation – Frequently Asked Questions


Q. What is mediation?
A. Mediation is a discussion between two or more parties, facilitated by the mediator – a neutral, independent third party who assists the parties in discussing and solving their dispute. A mediator cannot impose a solution on the parties.


Q. You mean that a mediator can’t force a deal on the parties?
A. That is right. If you want a third person to make a binding decision you need to be in arbitration. It is also possible for both parties to agree to med-arb, where the third party assists as a mediator and if the parties are not able to agree on a solution, the mediator becomes an arbitrator, hears evidence and makes a binding decision.


Q. How can I force another party to mediate this dispute?
A. You really can’t unless you have commenced a civil law suit. There is a Notice to Mediate Regulation which you can use to force the other party to mediate.


Q. How long does mediation take?
A. It really depends on the complexity of the dispute. In the commercial or labour setting mediation meetings are often scheduled to be a day long. 


Q. Are mediations effective?
A. Generally, mediation can result in lasting and effective solutions because both parties buy in to the solution that they have developed. Occasionally after a mediation has concluded a party may conclude that they did not really intend to agree, and this may lead to a court case to enforce the terms of the mediation agreement.


Q. What does it cost?
A. My day rate for mediation is $3,000 per day, plus GST. For mediations out of town I charge for travel expenses and  I sometimes charge for travel time based on the location.

Mediation Frequently Asked Questions

Mediation – Frequently Asked Questions


Q. What is mediation?
A. Mediation is a discussion between two or more parties, facilitated by the mediator – a neutral, independent third party who assists the parties in discussing and solving their dispute. A mediator cannot impose a solution on the parties.


Q. You mean that a mediator can’t force a deal on the parties?
A. That is right. If you want a third person to make a binding decision you need to be in arbitration. It is also possible for both parties to agree to med-arb, where the third party assists as a mediator and if the parties are not able to agree on a solution, the mediator becomes an arbitrator, hears evidence and makes a binding decision.


Q. How can I force another party to mediate this dispute?
A. You really can’t unless you have commenced a civil law suit. There is a Notice to Mediate Regulation which you can use to force the other party to mediate.


Q. How long does mediation take?
A. It really depends on the complexity of the dispute. In the commercial or labour setting mediation meetings are often scheduled to be a day long. In family law disputes the parties often have shorter meetings 2 – 3 hours in length and may need more than one meeting to resolve all the issues.


Q. Are mediations effective?
A. Generally, mediation can result in lasting and effective solutions because both parties buy in to the solution that they have developed. Occasionally after a mediation has concluded a party may conclude that they did not really intend to agree, and this may lead to a court case to enforce the terms of the mediation agreement.


Q. What does it cost?
A. I charge $300 per hour plus GST for each hour of mediation. One half of the fee is usually paid by each party. I often book my labour or commercial mediation sessions in one day increments the daily fee is $2,400, plus GST. For mediations out of town I charge for travel. I sometimes charge for travel time based on the location.