Your Mediation Questions, Answered

  • Mediation is a structured, confidential process where an independent third party assists people in dispute to have constructive conversations and explore resolution options. The mediator does not make decisions or impose outcomes — the parties retain control over any agreement reached.

    Mediation is voluntary, flexible, and focused on finding practical ways forward.

  • Mediation offers an alternative to formal legal proceedings and is typically faster, more cost-effective, and private.

    Unlike court, mediation:

    • is conducted in a confidential setting

    • allows parties to control outcomes

    • can preserve professional or working relationships

    • supports tailored, practical solutions

    There is no judgment imposed. Outcomes are shaped by the parties themselves.

  • Mediation may assist in a wide range of dispute contexts, including:

    • Commercial and business disputes

    • Founder, shareholder, and partnership disputes

    • Governance and organisational matters

    • Workplace and professional relationship disputes

    • Infrastructure and project-based disputes

    • Indigenous business, community, and joint venture matters

    • E-commerce, digital, and creative industry disputes

    • Wills, estates, and family financial matters

    If you’re unsure whether mediation is appropriate for your situation, an initial enquiry can help clarify suitability.

  • Yes. Mediation is a voluntary process and works best when all parties participate willingly and in good faith. Where a party is unwilling or participating only to delay, mediation is unlikely to be effective.

  • The length of mediation depends on the nature and complexity of the dispute.

    • Many matters resolve in one to three sessions

    • Sessions typically run between two and six hours

    • Some matters conclude in a single session

    • More complex or multi-party disputes may take longer

    The process is adapted to the needs of the matter rather than a fixed timetable

  • Yes. Mediation is confidential. What is discussed during the process cannot be used later in court or other proceedings, except in limited circumstances required by law. Confidentiality supports open, frank, and productive discussions.

  • Mediation itself is not binding. However, if parties reach agreement, the terms can be documented and, where appropriate, formalised into a legally binding agreement with independent legal advice.

  • Mediation does not limit your legal rights. If full resolution is not reached, parties may still pursue other options, including legal proceedings.

    Even where agreement is not finalised, mediation often helps narrow issues, clarify positions, and improve communication — making any next steps more efficient.

  • Not always. Many disputes resolve without lawyers present.

    Parties may choose to:

    • seek legal advice before mediation

    • have lawyers attend the mediation

    • obtain advice after an agreement is reached

    Legal advice can be particularly helpful in complex or high-value matters.

  • Mediation is often suitable where:

    • confidentiality is important

    • relationships matter

    • parties want control over outcomes

    • a practical, flexible process is preferred

    It may be less suitable where a party refuses to engage or where mediation would not meaningfully progress the matter. Initial enquiries help assess whether mediation is appropriate.

  • Yes. Mediation is delivered virtually, allowing parties to participate from any location.

    Online mediation is conducted via secure platforms and may include private breakout rooms. Virtual delivery offers flexibility and efficiency without compromising professionalism or confidentiality.

  • Initial enquiries are reviewed to assess suitability. Where appropriate, parties are invited to an introductory discussion to talk through the situation and possible next steps before proceeding.