How does mediation work?

Mediation is a voluntary process whereby the mediators facilitate the parties having a full and frank discussion around the issues relevant to the dispute. The mediators aim to ensure that the parties gain an improved understanding of the conflict and its consequences. The mediators will not provide advice or suggest ways forward – it is for the parties to come to their own decisions about the future. The ultimate goal of mediation is for the parties to make plans that will work well for the future.

What is co-mediation?

Co-mediation occurs when there are two mediators present. This assists in creating a balanced environment for the mediation session. The mediators work together to assist you to resolve your dispute. Most of the mediations that take place at the UWA Mediation Clinic will be co-mediations.

How long is mediation?

Each case is unique, so the length of mediation and the number of sessions required will vary depending on the individual circumstances. The initial, one-on-one, intake appointment runs for about 30–60 minutes. If the process progresses, then we will book a joint session for a time that suits everyone. Usually, three hours is sufficient time for the parties to make progress in mediation.

Is mediation confidential?

The general rule for mediation is yes, it is confidential to all those who participate in the mediation. However, if others (managers, partners and the like) need to be informed about the outcomes of the mediation, then how this will occur will be agreed in the mediation.

The general legal rule of mediation is that nothing the parties reveal in mediation can be used in a court of law as evidence. There are legal exceptions to confidentiality, including if the mediators believe that there is imminent danger to a person or property.

Is mediation voluntary?

Yes, mediation is voluntary. Parties can choose to mediate or not, and can choose to leave the mediation at any time once it has commenced. Likewise, so can the mediators choose to withdraw from the mediation at any time.

What about if there is a conflict of interest?

If the mediators believe that they have a conflict of interest, then they will either withdraw from the mediation or reveal the conflict to the parties – and if the parties agree, continue to mediate with the parties’ informed consent.

Who are NMAS Mediation Accreditation Training Courses suitable for?

NMAS mediators currently come from professional backgrounds such as legal, social sciences, finance, human resources, medicine, teaching, marketing, business, corporate, government agencies, and not for profit organisations, from the police force, defence force, to court administration (to name just a few). Please see the Mediator Standards Board for further detials.

What does the NMAS Mediation Accreditation Training Course include/cover?

As the curriculum complies with the educational requirements of the National Mediator Accreditation System (NMAS), upon completion, participants are eligible for registration as a Nationally Accredited Mediator.
The modules cover a range of topics, including: Introduction to constructive negotiation; Understanding conflict; Introduction to mediation; Issue/interests exploration; Private sessions and option generation; Negotiation, agreement, and close.
At the completion of the course, participants should have built on their knowledge, skills, ethical understandings, and capacity to reflect.
The course also includes mediation process workshops, where participants receive one-on-one coaching and written feedback, and National Mediation Accreditation role-play assessments.

What does it mean to be an NMAS accredited mediator?

When you become accredited under the NMAS, you are eligible to be listed on the National Register. This is the authoritative list of mediators who have met the training threshold and assessment requirements outlined in the Approval Standards. Being listed as an accredited mediator signals to the public that, as well as meeting training and competency assessment, you have also demonstrated the necessary good character and professional indemnity insurance cover to mediate under the Standards.By virtue of their accreditation through a Recognised Mediator Accreditation Body (RMAB), NMAS accredited mediators have access to regular professional development opportunities that relate to the knowledge, skills and ethical principles necessary in maintaining accreditation.For further information, see the Mediator Standards Board website.

Need help?

The UWA Mediation Clinic is committed to working with you to assist and resolve your disputes so that you can thrive in the community in which you live and work. If you have a conflicts or disputes, you can request a mediation directly through us.