Getting ready for mediation
Before your mediation session, it’s important that you’re clear about the facts of the dispute and that you’ve thought about the outcome that you want.
It's a good idea to be ready with:
- a short history of the dispute - when and why it began and what the main issues are
- information about previous attempts to resolve the matter
- your preferred outcome
- any related concerns.
Step by step - on the day
Mediation usually takes place over the telephone. A mediation session can be different for every situation, depending on the circumstances of the dispute. This is a brief outline of what you can expect from the process.
- The FWO Mediator will start the mediation by explaining their role and how the mediation will be run.
- Next, the parties explain their issues in a joint meeting with the FWO Mediator.
- Then, the FWO Mediator meets with each party separately to clarify information and help them work towards an agreed resolution.
- If the parties reach an agreement, the FWO Mediator helps to draft a written agreement if required. This agreement is called the ‘Terms of Settlement’.
Note: we can't enforce the Terms of Settlement. If a party doesn't do what they agreed to do in the Terms of Settlement, it's up to the other party to seek a resolution. This can involve legal action.
Who attends?
The person who made the complaint (often the employee) and the person the complaint was made against (normally the employer) should come to the mediation. Parties can also bring a support person.
Interpreters can also attend if needed.
Ending a mediation
Either party can end the mediation at any time.
The FWO Mediator can suggest ending the mediation if they don’t think it’s working.
The mediation ends successfully when the parties agree to a solution. This often involves each party signing the Terms of Settlement.
If the dispute isn’t resolved, the matter may be considered for further action by a Fair Work Inspector, or the person who made the complaint can decide to take their own action.
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