Frequently Asked Questions
How do I organise a mediation?All you need to do is contact the CJC in your area by phone, fax, letter or e-mail.
Our staff will listen to your concerns and will advise you immediately if we can help you.
If we can help you, our staff will ask you for information about you, your concerns and the other person/s involved.
We will then contact the other person/s and encourage them to participate in a mediation session.
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What disputes are suitable for mediation?A wide range of disputes are suitable for mediation including:
- neighbours - fences, trees, noise, pets, children, access, music
- families - separating couples, extended families, parents and children, carers
- business - with clients, contractors, quality of/payment for work done
- civil and small claims matters
- workplace - relationships, non-industrial matters
- between and within communities - residential, school, social, business, service, sporting….
If you’re not sure, please contact our staff.
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What disputes are not suitable for mediation?Mediation can work whenever the parties come to the table in “good faith”, and are willing and able to negotiate freely. But this may not be possible if, for example where:
- one party does not wish to agree, or come to mediation
- there is fear of violence
- there is a significant “public interest” in the outcome of the dispute
- a party is under constraints or instructions which prevent them coming to an agreement
- or a party lacks the power or ability to negotiate on their own behalf.
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Why mediate?Mediation provides a safe and informal environment for people to talk to each other to sort out problems. There is nothing to lose!
Over 80% of mediations result in an agreement being reached. People are more committed to the outcome because they take part in the decision making.
Even if agreement cannot be reached there has been the opportunity to clarify the issues and understand each other’s point of view.
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Why should I try mediation, when the other person won't speak to me?Reluctance to talk with you may not necessarily mean a refusal. They may be prepared to speak with you in an safe, controlled and neutral environment, like mediation.
Approximately 80% of people contacted respond to CJCs letter inviting them to contact the Interviewing Officer to discuss the matter and/or arrange mediation. They may not be prepared to speak to you, but they may discuss the problem with us.
We can discuss how mediation can assist them or discuss other options that may help settle the matter.
The other person contacting us shows their willingness to look for a solution.
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What if the other person doesn't want to come to mediation?Mediation is voluntary and can only be arranged if everyone agrees to meet and discuss the problem.
CJCs cannot force anyone to attend mediation nor can we enforce agreements which have been reached at mediation.
If the other person/s do not wish to mediate our staff can discuss other options that are available to you both.
If the other person declines, our involvement ends.
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When is the best time to try mediation?The sooner the better, before matters have escalated and unnecessary expenses have been incurred.
Mediation can be held at any time during a dispute, regardless of what options are available and even when legal proceedings are involved.
Mediation doesn’t have to be a ‘last resort’. It can break a deadlock in friendly discussions as well as hostile ones.
Not everyone may be ready for mediation at the same time. Before people decide whether mediation is right for them:
- they need time to consider and compare other options
- they may need to obtain more information about their situation
- they may have commitments (work, health, family, financial) that have to be considered
- they may need time to overcome anger, fear or other negative emotions
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When and where are the mediations held?There are no waiting lists. Mediation sessions are arranged at times that suit everyone and are held at our regional offices or a place near you.
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How quickly can a mediation be organised?All depends on the availability of all person/s involved and how long it takes the other person/s to contact CJC. CJCs can arrange a mediation usually within a week of all person/s agreeing to mediate.
The process we use for contacting the other person/s is:
- A letter is sent to the other person/s involved on the same day you have contacted us. This letter informs them of mediation and that you have some concerns that you would like to discuss with them, it them invites them to contact an Interviewing Officer to arrange a mediation session.
- If we haven't received a response from the other person/s after 10 days, we then send a second letter inviting them to contact us.
- Again we wait another 10 days for a response and if there hasn’t been any contact from the other person/s, we send a third and final letter inviting them to contact us.
- If the other person/s do not contact CJC, our involvement ends. You will be notified in writing of the situation and can contact the CJC for further advise.
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How long does a mediation session take?A mediation typically takes between 2 and 4 hours. Mediation may take longer where there are a number of people involved or issues involved. Please make sure you have sufficient time available when attending mediation.
Usually one session is all that is needed, but additional sessions can be arranged if necessary.
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Who can come to a mediation?All people involved must agree on who is attending the mediation before the session is held.
All people involved in the dispute should be encouraged to attend and participate.
“Support people” may attend if required, though they do not participate in the session. This will need to be discussed with a Mediation Advisor when arranging the mediation.
We can arrange professional interpreters at no cost to the parties.
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What is the difference between a court hearing and a CJC mediation session?
| Mediation | Court Hearing |
| * free | * court fees and legal representation fees |
| * no waiting lists | * waiting lists |
| * informal | * formal |
| * the people involved decide what is discussed and agreed upon | * decisions are made by the court, and enforced by the court |
| * impartial and unbiased |  |
| * does not require legal representation | * requires legal representation |
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Can anything I say at mediation be used in court?All contact with CJCs is confidential and is covered by section 28(4) of the Community Justice Centres Act 1983.
28 (1) In this section, “mediation session” includes any steps taken in the course of making arrangement for mediation session or in the course of the follow-up of a mediation session.
28 (4) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.
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Is the Agreement legally binding?Agreements made in mediation are not legally binding. The agreements are made in good faith and it is up to the parties to keep the agreement. CJCs cannot enforce agreements which have reached at mediation.
Can my Lawyer attend?If you would like your lawyer to attend the mediation session you will need to get permission from the Director of CJCs. This is required by the Community Justice Centres Act 1983 (sections 21(5) and 25).
Lawyers are not usually needed. Mediation is an opportunity for you to talk directly to the other party, to sort out the problem in a safe and informal environment. The mediator will assist you to understand each other’s point of view and to make your own decisions.
Mediation is free.
If you need legal advice you can get it before the mediation, or you can talk to your lawyer during a break in the mediation.
If you do seek permission from the Director for your lawyer to be present, you should explain why you need a lawyer to attend; what role your lawyer would play; and whether the other party agrees to your lawyer being there. A Mediation Advisor may be able to help you with this.
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