By Talk to a Lawyer · Published 20 September 2026 · 3 minute read
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Mediation preparation is more useful when it focuses on decisions rather than rehearsing a speech about why the other person is wrong. Write down what is disputed, what outcome you want and what alternatives you could realistically consider. Ask the organiser and your adviser about the format, participation requirements and advice you may need before agreeing to terms.
Separate issues from positions
A position might be “pay the whole amount immediately.” The issues behind it could include cash flow, disputed work, the need for repairs or certainty about future obligations. Describe those practical concerns so possible options can be evaluated against them.
Keep agreed facts separate from disputed facts. Prepare a short chronology and identify the documents supporting each important point. Ask whether a summary or other material must be exchanged in advance, and follow the actual process instructions rather than assuming every mediation uses the same format.
Plan for participation and advice
Confirm who attends, who can make decisions and whether a support person, interpreter or adviser may participate. Ask about online or in-person arrangements and tell the organiser about access or safety concerns early. Do not assume a joint meeting is appropriate in every circumstance.
Ask your lawyer what advice you should obtain before the day and how you can seek advice during discussions. A mediator's role is different from providing independent legal advice to each participant. Clarify who will help you understand proposed terms and their consequences.
Compare options against practical constraints
Write a private list of possible outcomes, timing, implementation costs and conditions you need to understand. Include alternatives if no agreement is reached. Ask your adviser about relevant legal and cost risks so the alternatives are informed rather than based only on frustration.
Avoid treating a preferred number as the only measure of success. Payment timing, repairs, document delivery, confidentiality or ending a continuing relationship may also matter. Identify which terms would need careful drafting or another professional's input before you can decide.
Understand what happens at the end
Before signing or otherwise accepting terms, ask what the document does, who is bound and how each obligation will be completed. Confirm whether further drafting, formal approval or another step is required. Keep dates, payment details and responsibility explicit.
If there is no agreement, ask what happens next and what deadlines still apply. Do not assume discussions suspend procedural requirements. Leave with a record of next steps and obtain advice about any issue that was left unresolved.
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A preparation aid, not confirmation that a legal requirement is complete.
Common questions
Does the mediator decide who wins?
Mediation is a process for exploring resolution, rather than a court judgment. Confirm the actual process and the mediator’s role with the organiser, and obtain independent advice about your options.
Do I have to agree on the day?
Ask your adviser and the organiser about the process and any obligations that apply. Understand proposed terms before deciding; do not assume time pressure removes the need for advice or a clear written record.
Sources and scope
General appointment preparation, not advice about your individual circumstances. Examples are illustrative, not client case studies. Sources provide further reading; confirm current requirements with the relevant service or adviser.
- Federal Court: mediation
Federal Court mediation information; check the requirements of the particular court, scheme or private process.
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