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Frequently asked questions

What is mediation, and how does it work?
Mediation is a way of helping people settle a dispute without having to go to court. The people who are in dispute get together in the presence of one or two mediators to discuss their differences and sort out a solution that suits them both. The mediators act as an impartial third party and guide the parties through a structured mediation process.

Who supplies the mediation service?
The service is supplied by our dispute resolution centres, which were established throughout Queensland by the State Government to provide free, confidential and timely mediation services.

What issues are suitable for mediation?
A wide range of issues are suitable for mediation. The most common issues our dispute resolution centres deal with are:

neighbourhood disputes about fences, noise, pets and overhanging trees
family and intergenerational disputes
workplace disputes
commercial disputes
relationship separation
parenting agreements and property settlement matters
multi-party disputes, sometimes involving the whole community
tenancy disputes.

Will the mediators tell the other person what to do?
No, the mediators are not there to give advice, to offer suggestions or to decide who is right or wrong. The mediators are there to direct discussion between the parties and to help them make their own decisions.

How does the dispute resolution centre arrange a meeting?
After noting some details from the person who initially contact the centre, a member of our staff sends a letter or phones the other parties offering to set up a meeting between the people concerned so that they can discuss their concerns. During this contact, our staff stress that the mediation is neutral and that its role is to provide mediators to help people talk about and resolve their differences. Staff also explain that mediations are free, private and can only go ahead when all parties agree to attend.

How long does the mediation process take?
If initiating contact by mail, dispute resolution centre staff wait ten days from sending the first letter to the other party. If they have not had a response, they write again, stressing that their interest is to help people sort out their differences. Where both parties agree to go to mediation, the centre can usually arrange for the session to take place within ten days. The sessions last an average of three to four hours.

Who attends the mediation?
Usually only the people directly involved in the dispute attend the mediation. If you are upset or unsure about the mediation you may select someone to attend as a support person. You may also organise to contact your solicitor during the mediation if this is useful to progress the matter. If all the parties at the mediation agree, you may make your agreement subject to checking by a solicitor after the mediation session. Mediators do not give legal advice.

How should I prepare for mediation?
For yourself, before mediation it may be help to consider:

your rights and responsibilities in relation to the dispute
how the dispute affects your day-to-day life
the main issues you would like to discuss
what you would like to see happen
what you are prepared to do to make this happen
how the dispute might be resolved if mediation is not successful.

For the other party (remember, you are just guessing about this) consider:

what you think the other party wants
yourself in their shoes and think about what they might expect
what you think they might accept.

What if the other party does not respond or rejects the offer?
For mediation to go ahead all the parties to the dispute have to agree to attend. When that is not the case, the file is closed. If this happens, the person who initially contacted the dispute resolution centre is notified. Even if a reason is given for declining, the centre cannot disclose the reason to the other person - or to anyone else.

Is the agreement enforceable in a court of law?
No, generally it is not legally binding - it is up to the parties to keep to their agreement and because they drew up the agreement themselves, there is a good chance that they will comply with it. However, the people concerned can make their agreement enforceable if they choose to. When the agreement is drawn up, they include a statement saying that they want the agreement to be legally binding. The necessary documents can then be drawn up by a solicitor.

How do I become a mediator? What qualifications do I need?
You do not need any formal qualifications. Our dispute resolution centres are looking for people with good listening, communication and writing skills. To become a mediator you must go though a selection process involving group and individual interviews, and then complete an intensive training course. More information on becoming a mediator.

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