Resolving disputes

Mediation

Choose mediation when you want a mediator to assist you and the other participants to interact respectfully and to decide an outcome yourselves.

Looking for a mediator?

Search the Resolution Institute dispute resolver directories

As the largest dispute resolution organisation in Australia and New Zealand, Resolution Institute' dispute resolver directories let you select a professional mediator from a wide and diverse pool. You can filter your search by accreditation, additional skills, areas of practice and regions where mediators work. There is no fee to search the directory.

Go to the New Zealand Dispute Resolver Directory Go to the Australian Dispute Resolver Directory

Let us find a mediator for you

Through our nomination service, Resolution Institute can find a professional mediator for you. We carefully consider the type of dispute, experience and knowledge required, accreditations or qualifications, location and price point to nominate a mediator to match your dispute. A fee applies to use the nomination service.

Complete the online form to use the Resolution Institute nomination service to appoint a mediator for you. Then, please submit your payment.

Complete the online form Submit your payment


Want to use the Resolution Institute Mediation Rules?

The Resolution Institute Mediator Rules include appointing the mediator, confidentiality, mediation procedure, the role of the mediator and of the participants, meetings, costs and subsequent proceedings.


Want to insert a mediation clause into a contract?

When you enter into a contract, make sure you include a dispute resolution clause. Consider referring any dispute that may arise to mediation, or to a series of dispute resolution types depending on the circumstances and seriousness of the dispute. Ensure that the clause refers to the appropriate Resolution Institute dispute resolution Rules and to Resolution Institute as the nominating body when needed.

Browse our dispute resolution clauses


Why choose mediation?

Choose mediation when you want to consider all the disputed issues, develop options to resolve each issue, and with the other participant(s) decide on an outcome. Mediation lets participants make agreements to meet the needs and concerns that are important to them. Mediation discussions and outcomes are usually confidential. Agreements can be legally binding depending on what the matter is and what the participants decide.

Mediation is an informal, fast and effective process. Choose mediation to resolve a wide range of disputes including business, family, workplace, compensation, insurance, construction and community.

Depending on the setting, mediation varies, so it is important to ask questions to find out what to expect. Participants usually meet face-to-face; sometimes, participants will be in separate rooms and a mediator will take communications between them.

Mediation can be voluntary, court ordered or agreed upon in a contract.


What does a mediator do?

A mediator helps participants focus on the issues and keeps communication going to reach an outcome. A mediator helps participants decide what to do themselves.

At the start of mediation, a mediator describes the process, discusses and clarifies confidentiality and whether or not the decision is or can become legally binding.

A mediator usually sets guidelines or ground-rules to help guide the process, assists the discussion so it is fair and manages the interactions so that they are respectful.

A mediator does not give advice or an opinion, unless the participants request it as part of the agreement with the mediator. A mediator does not decide who is right or wrong, take sides, or make a decision about the outcome. It is the participants who decide the outcome.