Who can be a support person?
A support person can be:
- A union representative
- A colleague or friend (with the agreement of both parties)
- A HR representative (for the employer side)
- A lawyer or employment law adviser
- A mental health or wellbeing support person
What a support person can and cannot do
| A support person can | A support person cannot |
|---|---|
| Provide emotional support | Speak on the participant's behalf |
| Advise the participant privately during breaks | Advocate, argue, or cross-examine |
| Help the participant understand proposals | Interrupt or take over the session |
| Assist with documents and note-taking | Make decisions on the participant's behalf |
Does the other party need to agree?
It is good practice to notify the other party if you intend to bring a support person, particularly if that person is a lawyer. Springing a legal representative on the other side can create an imbalance — if one party has a lawyer, the other may reasonably wish to adjourn and take their own legal advice first.
Union representatives
Under the Fair Work Act 2009 (Cth) and the Fair Work Commission, employees have a general right to be represented by a union in workplace matters. A union representative acting as a support person in mediation is consistent with this right — though they should understand the support-not-advocacy role in a mediation context.
Can the mediator exclude a support person?
Yes. A mediator may ask a support person to leave if their conduct is disruptive or undermines the mediation process. A support person who turns the session into a legal argument rather than a facilitated negotiation may be asked to step back or leave.
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