The four stages of a mediation session
1. Opening — The mediator introduces themselves, explains the process and ground rules, and confirms that participation is voluntary and confidential. Each party has an opportunity to briefly describe their situation without interruption.
2. Exploration — The mediator helps both parties identify the key issues, understand each other's concerns, and separate positions (what people say they want) from interests (why they want it). This stage often reveals unexpected common ground.
3. Negotiation — Parties generate options and work toward solutions. The mediator does not make decisions or take sides — they ask questions, reality-test proposals, and help keep the conversation productive. Private meetings (caucuses) with each party may occur.
4. Agreement — If the parties reach agreement, the key terms are summarised in writing before everyone leaves. This document is then used to prepare a formal agreement (consent orders, parenting plan, or settlement deed) after the session.
What the mediator does not do
- Give legal advice to either party
- Make decisions or impose outcomes
- Take sides or express opinions on who is right
- Disclose what one party said to the other (in shuttle format)
Joint vs shuttle format
In a joint session, both parties are in the same room throughout. In shuttle mediation, parties remain in separate rooms and the mediator moves between them. The process is the same — only the format differs.
What to bring
For family and property matters, bring financial documents, a list of assets and debts, and any relevant correspondence. Use our free preparation tool to organise what you need before the session.
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