How mediation works

What is mediation?

Mediation is a process where the parties in a dispute meet voluntarily to discuss their dispute with the help of an independent and accredited mediator.

During mediation, parties are encouraged to identify and explore options to resolve their dispute. The mediator cannot make a decision about the outcome, rather they support the parties in resolving their dispute.

What is the role of the mediator?

The Victorian Small Business Commission (VSBC) appoints an independent mediator to:

  • help the parties communicate openly
  • help identify options
  • help the parties to reach their own agreement for settlement.

It’s important to know that mediators:

  • are not judges
  • don’t decide who is ‘right’ or ‘wrong’
  • don’t give binding judgements
  • don’t give the parties legal advice
  • don’t impose a solution on a party.

The mediator will not hand down a decision, rather they will help the parties to reach their own agreement, encouraging win-win outcomes.

What happens at mediation?

Watch VSBC mediators talk about what happens during a mediation session:


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