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Your Mediation Journey: A Checklist of What to Expect

21 September,2025Together Mediation

Mediation works best when everyone knows what to expect and understands their role. In both New Zealand and Australia, parties share a common set of expectations.

Here’s what you should know:

1. Voluntary Participation

  • Mediation is voluntary. You can choose to participate, and no one can force you to settle.

  • Courts in both NZ and AU may encourage or require you to attempt  mediation, but the outcome is always in your hands.

2. Neutral and Impartial Mediator

  • Mediators must remain independent and neutral, with no conflicts of interest.

  • Their role is to facilitate communication, not to impose decisions.

3. Confidentiality

  • Mediation discussions are confidential and “without prejudice”, what’s said cannot usually be used later in court.

  • Limited exceptions apply (e.g., risk of serious harm or evidence of criminal activity or fraud).

4. Procedural Fairness

  • Each party will have a chance to speak without interruption.

  • The mediator ensures the process is balanced, respectful, and that no party dominates.

5. Clear Process Upfront

  • Before mediation begins, parties sign an agreement to mediate.

  • The agreement outlines who is the mediator, who attends, roles, responsibilities and process, confidentiality obligations, time frame and fees, etc.

6. Realistic Outcomes

  • Mediation encourages creative, practical settlements, but it cannot guarantee a full resolution.

  • Even if no final agreement is reached, mediation often helps narrow issues or improve understanding for later negotiations or litigation.

7. Costs and Timing

  • Costs are usually shared unless agreed otherwise. Mediator fees, preparation, and session time are agreed in advance.

  • Mediation is generally faster and cheaper than litigation.

8. Binding Effect Only if Agreed

  • Mediators do not issue binding judgments.

  • Any settlement must be written and signed to be enforceable (e.g., contract, consent order).

9. Right to Advice and Support

  • You may bring a lawyer, support person, interpreter, or cultural advisor if needed.

  • Legal advice is strongly recommended before signing any binding agreement.

By setting these expectations clearly, parties enter mediation with confidence, openness, and a realistic view of possible outcomes. Both NZ and AU frameworks are designed to ensure fairness, confidentiality, and self-determination, making mediation a constructive alternative to litigation.

 



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