Transcript - What is mediation

Listen to John Campbell discuss what mediation is and how it can be an effective tool in solving small business conflict.

[John Campbell]

Welcome to the QSBC website and these mediation videos. My name is John Campbell and I am a nationally accredited mediator. In this series of short videos, we will look at ‘What is mediation’, the ‘Role of the mediator’ and ‘How to participate effectively in mediation’.

What then, is mediation?

It is a structured and interactive process in which an impartial third person – known as the mediator – assists people who are in dispute:

  • to identify and discuss the issues between them
  • to identify and assess possible options or solutions; and
  • where appropriate to assist them to negotiate an agreement to resolve their dispute.

In the process, each person has the opportunity to speak, to be heard and to hear each other. In this way, it helps you to understand the other person’s perspective and it helps them to understand your perspective.

Mediation sessions are confidential. Unlike matters that proceed to a trial in court, the mediation process is private and not open to the public. While most mediation sessions occur in person, mediation can be held through video conferencing or by telephone.

Mediation can be faster, cheaper and less stressful than having a dispute decided by a Court. Because the process allows you to work together with the other person to find a solution, often things like reputation and relationships can be maintained, and in some cases, even improved.

Often in mediation, agreements are reached that meet both your needs and those of the other person. But if an agreement is not reached at mediation, you do not lose your right to have the matter determined in a court or tribunal.

Ultimately, while the participants in mediation are guided in the process by the mediator, you have complete control over the outcome. Mediation is your solution.

Watch the other videos in this series for more information about the ‘Role of the mediator’ and ‘How to participate effectively in mediation’.

Watch the video to find out about mediation.