Mediation Sydney - A D Parbery - LEADR Accredited Mediator

About the Mediation

A D Parbery

The information at this website: is not advice; is general; is non exhaustive; and is provided only in relation to Anthony David Parbery and not any other mediator.

WHAT IS MEDIATION?

There are different definitions.

However the definition included in the NATIONAL MEDIATOR ACCREDITATION SYSTEM, NMAS- Practice Standards provides:

" ...2.2 Mediation is a process that promotes the self-determination of participants and in which participants, with the support of a mediator:

(a) communicate with each other, exchange information and seek understanding
(b) identify, clarify and explore interests, issues and underlying needs
(c) consider their alternatives
(d) generate and evaluate options
(e) negotiate with each other; and
(f) reach and make their own decisions.

A mediator does not evaluate or advise on the merits of, or determine the outcome of, disputes.2.."

VENUE

The mediation venue normally requires a room with a table and seating to accommodate everyone who will be present, preferably but not necessarily, a white board and one or more separate areas in which participants can take a break and speak without being overheard. This can be anywhere reasonable, provided everyone agrees.

ADVICE

Anthony will not give advice or make a decision for the participants in a mediation.

MEDIATION PROCESS

Normally the mediation session is preceded by a preliminary conference.

Participants in the mediation are required to enter into an Agreement to Mediate prepared by the mediator.

Anthony will normally use a model of mediation which involves active face to face participation by the participants with the mediator present and one or more private sessions where each participant speaks to the mediator in the absence of every other participant.

The participants may be accompanied, at the preliminary conference and the mediation session, by their solicitor or barrister and if agreed, by a support person, or may attend alone.

The participants must have authority to participate and to enter into any agreement reached by them.

Anthony will consider any request to co-mediate, that is, be one of two mediators present at a mediation.

Anthony will also consider shuttle mediation, that is, a mediation process during which, at least for part of the session the participants are in separate rooms.

As mediation is not the only means of attempting to resolve disputes, intending participants need to decide whether this process is appropriate for them and to be aware that mediation does not always provide a resolution of a dispute.

Preliminary Conference

Normally a preliminary conference will be held on a date earlier than the mediation session.

The preliminary conference may cover matters including considering:

  • Features and the steps of the process;
  • Providing an opportunity to reach agreement about the way in which the process is to be conducted;
  • Whether mediation is suitable and whether variations are required;
  • Preparation by the parties;
  • Who will attend the mediation - names and roles;
  • Whether information needs to be exchanged;
  • Procedural issues;
  • Confidentiality;
  • Authority to settle;
  • Agreement to mediate;
  • Mediation venue;
  • Mediation date and time;
  • Timetable
  • Outline of dispute;
  • Outline of any concerns;
  • Costs; and
  • Any special matters to be considered;

The Mediation

The mediation will normally proceed as follows, however variations might occur:

The parties and the mediator meet together and the mediator makes an opening statement covering procedural matters and outlining the process.

This is followed by each of the parties making opening comments outlining their positions.

After all the parties have spoken, the mediator will provide an oral summary to ensure that the mediator has heard and understood what has been said.

Next, an Agenda, with topics to be discussed, will be set by the mediator.

The parties will then each be given an opportunity to explore the issues without attempting to reach a resolution and will be encouraged to address each other.

At an appropriate time each party will, in the absence of the other party, attend a private session with the mediator.

At the completion of the private sessions the parties may attempt to reach agreement on the matters in dispute.

There may be one or more further private sessions.

Agreement

Normally the mediator will not draft any agreement document and it will be necessary for any agreement document to be drafted by the parties or their lawyers if present.

The parties present at the mediation must make certain beforehand that they have authority to participate and to enter into any agreement that is reached.

 

Liability limited by a scheme approved under Professional Standards Legislation