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Preparing for mediation doesn't need to take a lot of time and energy. Taking just a few steps to prepare can make a big difference on the day.
CJC's brochures and fact sheets can help you to prepare. The infomation below will also help you get ready for your mediation.
Prepare yourself by finding out what will happen at your mediation session. This will reduce your stress on the day. Ask CJC staff for more information if you have any questions.
Prepare to discuss the issues you want to raise and the issues you think others might raise. These may involve difficult conversations, so think about how you might express yourself in advance. Be ready to share your ideas and give some thought to various options that may bring about a solution. Brainstorming beforehand with a friend or relative might help.
Think about how you feel about the issues in dispute. Write a list of your key concerns. Remember: at the mediation session you can discuss whatever issues you like and will have a chance to respond to any issues the other person (or people) involved in the dispute raise. Everyone involved in the dispute sets the agenda, not the mediators or CJC.
Think about any agreement you might be willing to make. What are the minimum conditions you will accept in order to come to an agreement? Take time to consider what will happen if the mediation is unsuccessful. Think about what you are willing to live with. Come prepared with several options in mind and a willingness to be flexible when considering options put forward by others.
Consider the other person's interests and needs and think about what minimum agreement they may be seeking. Look for things you might have in common. Think about things that you would be willing to compromise on to help achieve agreement.
Take into account the fact that you or other people involved in the dispute could be feeling anxious, worried, angry or otherwise emotional and that this may affect how you or they behave. How can you help the discussion stay calm and focussed?
There may be receipts, bills, reports, plans, diagrams or documents relating to the dispute. The mediators will not look at these or use them to make decisions or recommendations about your matter. However, you may wish to bring these along to help you and the other person or people to clarify the issues and to be specific about what you want and why you want it.
Because you will be negotiating for yourself, it may be important that you understand your legal rights and responsibilities before mediation. Although you may decide to make an agreement that is different from those legal rights and responsibilities, it may still be to your advantage to understand your options first. CJC staff can tell you how to get legal information before your mediation session
You can also call LawAccess on 1300 888 529 or visit their website.
15 Oct 2024