Mediation works best when everyone knows what to expect and understands their role. In both New Zealand and Australia, parties share a common set of expectations.
Here’s what you should know:
1. Voluntary Participation
Mediation is voluntary. You can choose to participate, and no one can force you to settle.
Courts in both NZ and AU may encourage or require you to attempt mediation, but the outcome is always in your hands.
2. Neutral and Impartial Mediator
Mediators must remain independent and neutral, with no conflicts of interest.
Their role is to facilitate communication, not to impose decisions.
3. Confidentiality
Mediation discussions are confidential and “without prejudice”, what’s said cannot usually be used later in court.
Limited exceptions apply (e.g., risk of serious harm or evidence of criminal activity or fraud).
4. Procedural Fairness
Each party will have a chance to speak without interruption.
The mediator ensures the process is balanced, respectful, and that no party dominates.
5. Clear Process Upfront
Before mediation begins, parties sign an agreement to mediate.
The agreement outlines who is the mediator, who attends, roles, responsibilities and process, confidentiality obligations, time frame and fees, etc.
6. Realistic Outcomes
Mediation encourages creative, practical settlements, but it cannot guarantee a full resolution.
Even if no final agreement is reached, mediation often helps narrow issues or improve understanding for later negotiations or litigation.
7. Costs and Timing
Costs are usually shared unless agreed otherwise. Mediator fees, preparation, and session time are agreed in advance.
Mediation is generally faster and cheaper than litigation.
8. Binding Effect Only if Agreed
Mediators do not issue binding judgments.
Any settlement must be written and signed to be enforceable (e.g., contract, consent order).
9. Right to Advice and Support
You may bring a lawyer, support person, interpreter, or cultural advisor if needed.
Legal advice is strongly recommended before signing any binding agreement.
By setting these expectations clearly, parties enter mediation with confidence, openness, and a realistic view of possible outcomes. Both NZ and AU frameworks are designed to ensure fairness, confidentiality, and self-determination, making mediation a constructive alternative to litigation.