Elements and Performance Criteria
- Provide information about the mediation process
- Provide accurate, timely and relevant information about the mediation processes available
- Identify co-mediation needs
- Clarify co-mediation roles and use according to agency guidelines
- Verify that all parties to the mediation understand the sequential steps of mediation
- Ensure parties are clear on own, mediator, and agency roles
- Ensure boundaries of confidentiality and privacy are clear to parties
- Clarify information presented relating to the dispute
- Accurately and concisely analyse issues presented prior to the mediation to assess most suitable case management options
- Clarify the need to seek advice on legal or factual complexity of the matter
- Note court orders, identify potential risks and formulate responses using relevant knowledge of safety procedures
- Assess readiness to participate
- Prepare and counsel parties in preparation for a mediation process
- Assess power differentials between parties
- Assess cultural perspectives that may affect the mediation process
- Use security and safety guidelines in accordance with legislative and industry procedures
- Ensure timely and effective exclusion of mediation is achieved where appropriate
- Provide accurate and effective referral of parties as required to others within or external to the agency
- Clarify commitment to the process
- Prepare venue and resources for mediation
- Analyse needs of parties and prepare venue accordingly
- Select language to accommodate specific needs of the parties
- Engage interpreters according to agency guidelines to best promote understanding between all parties and mediators
- Organise equipment, tools and any other resources required to support mediation process when needed