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Transcript - How to participate effectively in mediation

Watch or listen to John Campbell discuss how to prepare for and participate in mediation.

[John Campbell]

Welcome the QSBC website and the last in a series of mediation videos.

Now that you know what mediation is and the role of the mediator, let’s look at how you can prepare for and participate in mediation, so that you can get the most out of the process.

In preparing for the mediation session itself, first consider what you would like to discuss. Think about what is most important to you and what you think might also be important to the other Party. What topics need to be resolved and what ideas or options do you have to resolve them.

Mediation is not a trial and you do not need to present evidence to the mediator. However, if there are documents or materials that you feel will assist you to talk about the issues in dispute, then you should have those with you.

In some mediation processes, there are limits on who may attend the mediation, so you should always have that conversation with the mediator or mediation service provider, prior to the mediation session.

Ensure that you plan ahead. Mediation sessions can vary greatly in length and in order to give yourself the best opportunity to reach a resolution, you should give yourself sufficient time.
Remember that mediation is a collaborative process. Be willing to listen for new information, keep an open mind and really seek to hear what the other person is saying.

Ask yourself what the alternatives might be like for you, if an agreement is not reached at the mediation. Be creative. Mediation gives you the opportunity to come up with unique solutions or possibilities, that you had not previously considered.

If you do reach an agreement with the other party, be sure to consider all of the things that should be written down. The mediator may assist the parties to record the agreement, but will not create the agreement for you. Again, mediation is your solution.

Watch the how to participate effectively in mediation video.