Mediation works because each party knows the rules and knows the mediator will keep to them. Nathan conducts every mediation on several principles, and each carries rights for you.
Respect.
All communication during the mediation will be respectful, and Nathan expects the same of every participant. Nathan is impartial. He does not act for either party, does not take sides, and does not give legal advice to either of you.
He must tell you about any prior dealing with a party that could affect his impartiality, and he is bound by the AMDRAS code of ethics as an accredited mediator.
What you say is confidential. In family dispute resolution, the Family Law Act 1975 (Cth) makes communications to Nathan confidential and, with limited exceptions, inadmissible in court. The exceptions include where disclosure is needed to protect a child or to prevent a threat to someone's life or safety. In other mediations, the parties sign a mediation agreement before the day that makes the process confidential and without prejudice.
Your safety comes first. Nathan runs mediations with the parties in separate rooms, and can arrange separate arrival times or attendance by video conference. Suitability and safety are assessed with each party at intake.
Courtesy.
You will know the guidelines of the mediation before it starts, and you will have time to put your side without interruption.
You can ask for a break whenever you need one.
You may bring a lawyer and a support person, and you may step out to speak with them at any point.
If you need an interpreter, tell Nathan at intake so one can be arranged.
You can expect a skilled dispute resolution practitioner who listens, and who treats both parties the same way.
Leadership.
Nathan's role is not to make decisions for you, but to guide you to make them for yourselves. That gives you ownership of the settlement.
He does lead the process: making sure the issues are properly defined, keeping the discussion on track, and testing proposals against what is likely to happen if the dispute does not settle.
The process is voluntary. You cannot be made to agree to anything, you may withdraw at any time, and nothing is settled until you say it is. Nathan encourages every party to get independent legal advice before signing an agreement, and will give you time to do so.
Nathan will stop a mediation that is not safe or is not working.
Nathan runs mediations with the parties in separate rooms, and can arrange separate arrival times or attendance by video conference.
Suitability and safety are assessed with each party at intake, and Nathan will stop a mediation that is not safe or is not working
