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Roles in Dispute Settlement Centre Victoria Mediation

Each person has a role to play which contributes to the successful outcome of the mediation. Before the mediation session, everyone must agree about who will attend the mediation and what they will do. If the Dispute Settlement Centre of Victoria (DSCV) is organising your mediation, they follow a step-by-step process to ensure all parties are clear about the part they play.

Preparing for mediation

It may be helpful to consider the following questions:

• Do you have all the relevant information about your rights and responsibilities in relation to this matter?
  
• What are the issues or problems you would like to discuss?
• How do these matters affect your day-to-day life?
• What would you like to see happen?
• What would you be prepared to do to help this happen?

The mediators

The mediators are neutral and impartial and assist the parties to identify the issues, consider options, negotiate solutions and reach their own agreement. Mediators do not give advice or make decisions about the dispute, but simply manage the process.

The parties

The parties are encouraged to participate in the process, express their view of the dispute, listen to the other party's view and participate in the negotiations. The parties' most crucial role is to contribute to the solutions and agreements developed.

Solicitors

Legal representatives may be present in mediation sessions, but they rarely attend non-court related mediations. In court-related cases they provide expert professional advice to their clients on legal options and issues, to promote a satisfactory resolution of the dispute. Clients and solicitors may confer during the session or adjourn to private discussion rooms. An unrepresented party may seek legal advice after the mediation if a cooling-off period has been included in any agreement made.

Support persons

This is usually a friend, family member or neighbour accompanying a person who would otherwise be on their own. A support person does not participate in the discussions and negotiations during the session but usually helps the person they are with by talking over the matters that are discussed and assisting them to reach a suitable and satisfactory outcome.

Witnesses and expert witnesses

Witnesses and expert witnesses are not generally needed. Mediation is not a process of determination and does not rely on the weight of evidence and testimony of witnesses to reach a resolution.