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So what does a Mediator actually do?

Updated: Jul 2, 2024


A Mediator has special training and practical experience in assisting parties to communicate in conflict situations. Mediators do not give advice or make decisions. What they will do is empower parties to make their own decisions.


During a Mediation, if our Mediators see that one party is not behaving appropriately then it is our role to ensure that the process is carried on with respect. We will terminate any mediation that we consider to be harmful to the health and wellbeing of the parties.


Mediators are not lawyers and cannot provide you with advice on what the best options are for you. In some cases, a Mediator may share information about how particular disputes are likely to be managed in legal processes.


All persons who claim to be Mediators in Australia must have National Mediator Accreditation as required by the Mediator Standards Board. If you are booking in for a Mediation ensure that you check that they are accredited here:


Shiv Martin is an accredited mediator with the mediator standards board.

FAQ


1. What does a Mediator do during a mediation session?

A Mediator assists parties in conflict to communicate effectively and make their own decisions without giving advice or taking sides.


2. How does a Mediator handle inappropriate behavior during a mediation?

If a party behaves inappropriately, a Mediator will ensure the process continues with respect and may terminate the mediation if necessary for the health and wellbeing of the parties.


3. Can a Mediator provide legal advice?

Mediators are not lawyers and cannot provide legal advice, but they may share information about how disputes are typically managed in legal processes.


4. Are all Mediators required to have specific accreditation?

Yes, in Australia, all individuals claiming to be Mediators must have National Mediator Accreditation as mandated by the Mediator Standards Board.


5. What sets a Mediator apart from other conflict resolution professionals?

Mediators are specially trained to facilitate communication and decision-making between conflicting parties without giving advice or making decisions for them.

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  • What factors determine the booking of mediation services and how do you ensure the best chance of resolution in diverse dispute contexts?
    My mediation services can be booked according to the size of the dispute at hand. I have successfully managed complex multi-party disputes spanning a number of days, and short mediations of 90 minutes. Each dispute and each party has unique needs and I will work independently with all parties and legal representatives to design the most appropriate process to ensure the best chance of resolution. I am experienced at mediating across cultures, generations and dispute contexts.
  • What is your background and experience in mediation and conciliation services?
    After over a decade as a full-time panel mediator, conciliator, decision maker and team manager for various government agencies, Commissions and Tribunals, I am now offering my mediation and conciliation services privately. I am highly experienced in managing a diverse range of disputes and adapt a flexible mediation approach following considered pre-mediation discussions with parties and their legal representatives.
  • What qualifications and experience do you bring to the table as a mediator and mediation accreditation training assessor?
    As an experienced Mediator and Recognized Mediation Accreditation training and assessor I bring to the table a high level of emotional intelligence, the technical skills of a lawyer (Over 10 years PAE) and a depth of cross-cultural and intergenerational conflict experience. I am also skilled in Mental Health First Aid and understand the importance of managing emotions and relationships in effectively managing disputes.
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