Arranging mediation

You can contact one of our dispute resolution centres yourself or you may be referred by a private solicitor, magistrate, Legal Aid Queensland or a counsellor. There is no cost to you for this service.

Contact a dispute resolution centre

When you contact a dispute resolution centre, staff will take some details about the dispute and about you and the other party. If the matter is suitable for mediation, our staff will then contact the other party, explain about mediation, and invite them to participate. Mediation will not work unless both sides are willing to participate.

Our mediators will help you to decide what you want the meeting to achieve, and will keep the discussion on track. They ensure that both sides get a fair hearing. When you reach an agreement, the mediators will write it down and read it back to you, so that both of you are clear about what you have agreed to.

Mediators are neutral

The mediators are not there to give advice or pass judgment. Their role is to keep the discussion going smoothly so that you and the other party can find your own solutions.

Privacy

All records our centres keep are confidential. Our mediators take an oath of secrecy. They promise that they will not discuss particular mediations publicly. Furthermore, the process of mediation is ‘privileged’. This means that nothing said during mediation can be used in a court of law.

Legal enforcement of agreements

Normally an agreement reached in mediation is not legally binding, but you can make it enforceable if you choose to. When the agreement is drawn up, you can include a statement saying that you want it to be legally binding. The necessary documents can then be drawn up by a solicitor.

If your dispute was referred to mediation by a court and you have reached an agreement, you can ask the court to make a consent order. This is an order containing the terms you have agreed to. This gives your agreement legal force and means action can be taken against you if you breach the terms of the order. If solicitors are present at the mediation, they can draft the agreement in a legally binding form then and there.