Explore the process
One shared approach, adapted to the people and the dispute. Preparation, careful listening and clear choices help make difficult conversations more manageable.
Begin with private intake
Each participant has an opportunity to explain the situation, identify concerns and ask questions separately. We consider suitability, possible conflicts of interest, accessibility, safety and any pressure affecting someone’s ability to make decisions.
Together, we identify who should take part and whether a joint session, separate meetings or another approach is appropriate. The process may need to pause or not proceed if participation cannot be safe and meaningful.
Prepare and agree on the ground rules
Before substantive discussions, we clarify the issues, documents, participants, fees and session arrangements. The mediation agreement explains the mediator’s role, confidentiality and its limits, and how private conversations will be handled.
We also discuss breaks, respectful communication, interpreters or support people, and the involvement of lawyers. For workplace referrals, we clarify what may be reported back and to whom.
Give each perspective room
Each person explains the concerns they want addressed. The mediator listens, asks questions and checks that the summary reflects what was meant, then helps organize an agenda.
In a civil claim, the parties or their lawyers may use a short written summary and opening remarks. The format is tailored to the matter; a face-to-face exchange is not required in every case.
Understand what is underneath the disagreement
We explore the impact of the dispute, the interests behind the positions and any information gaps. This helps distinguish what is disputed from what may already be agreed.
Discussion may take place together or in private meetings, sometimes called caucuses. In shuttle mediation, participants remain apart and the mediator carries authorized information or proposals between them.
Develop and test possible solutions
Participants put forward options and consider how each would work in practice. We explore timing, costs, responsibilities and what may happen if no agreement is reached.
There can be more than one round of discussion. You can seek advice, ask questions or request time to consider a proposal. The mediator helps the conversation; the decision whether to settle remains with the participants.
Record the outcome and the next steps
If agreement is reached on some or all issues, we clarify the proposed terms: who will do what, by when, and how future difficulties will be addressed. We also identify unresolved points and any follow-up arrangements.
The appropriate document may be a practical working plan or a proposed legal settlement. Obtain independent legal advice about its effect and any formal steps needed before making commitments. If there is no agreement, we clarify what remains unresolved and bring the mediation to a respectful close.
Adapted to your circumstances.
Family
Attention to children’s needs, financial information and each person’s ability to participate safely. Parenting and financial questions can be organized into manageable discussions.
Civil
Attention to the disputed facts, documents, settlement authority and practical proposals. Private meetings may help parties consider options with their advisers.
Employment
Attention to workplace relationships, employment terms or departure issues, with clear boundaries about reporting back to the employer or referring organization.
Independent advice
The mediator facilitates and does not act as either person’s lawyer. Your own adviser can help you assess rights, obligations and proposed settlement terms.
Find the issues that matter to you.
Explore the kinds of questions that can be discussed in each area.
Start with a question.
Bring the situation as it is. The first step is to understand whether mediation could help and what arrangements would be needed.
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