All mediations are conducted in accordance with the National Mediator Accreditation System (NMAS) practice standards.
The mediation conference will be held in private via video or telephone conferencing and is confidential.
The mediator will help the parties to explore the issues, discuss options, and, if possible, reach a settlement agreement. The mediator will conduct an intake with each party, may ask the parties to share information, may meet with the parties together or separately, and may communicate verbally or in writing.
During the mediation, each party must conduct their own case; however, the mediator may allow a representative to speak on behalf of a party if they are a company or if the mediator agrees it is appropriate. Additional parties may be added if all the parties agree and the additional party pays their share of the mediation fee.
If the parties reach an agreement during mediation, the mediator will write down the agreement (called the mediation agreement), and both parties must sign it.
If either party does not follow the agreement, the other party can ask a tribunal or court to enforce it.
If through this process, a mediation agreement cannot be reached, each party may seek their own independent legal or financial advice about other options.
For mediations under the RSL Act, if the parties cannot reach an agreement the mediator must refer eligible matters to QCAT.