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  • Writer's pictureTemara Willis

What is an agreement to mediate?

Updated: Oct 10, 2023

The Importance of the Agreement To Mediate with Adelaide Workplace Mediation

In the realm of mediation, the "Agreement to Mediate" is a foundational document that plays a pivotal role in establishing the terms and conditions for the mediation process. This crucial agreement covers various essential aspects, including confidentiality, party and mediator obligations, the mediator's role, and a mechanism for addressing complaints. At Adelaide Workplace Mediation, we prioritise signing this agreement as it forms the bedrock of a successful mediation journey.

Understanding the Agreement to Mediate

During the pre-mediation meeting, which typically involves individual discussions between the mediator and each participant, the mediator presents the "Agreement to Mediate" for signing. It's important to note that mediators may use slightly different versions of this agreement, tailored to their specific requirements and processes.

Key Components of the Agreement

The Agreement to Mediate encompasses several critical elements:

  1. Confidentiality - It outlines the commitment to maintaining confidentiality throughout the mediation process, a cornerstone of successful mediation.

  2. Obligations - The agreement clarifies the roles and responsibilities of all parties involved, including the mediator's role in facilitating the process.

  3. Complaints Mechanism - In the event of any concerns or disputes arising during mediation, the agreement provides a structured mechanism for resolution.

Adelaide Workplace Mediation's Approach

At Adelaide Workplace Mediation, we emphasise the importance of the Agreement to Mediate to all parties involved. It is a standard practice for us to provide a copy of this agreement when confirming the joint mediation session. This proactive approach allows participants the opportunity to review the document and seek clarification if they have any questions or concerns.

During the joint mediation session, our mediator takes the time to summarise the Agreement to Mediate to ensure that all parties have a clear understanding. Additionally, we reiterate the crucial aspects of confidentiality and its boundaries, underscoring its significance in maintaining trust throughout the mediation process.

Benefits of Signing the Agreement to Mediate

Signing the Agreement to Mediate offers numerous advantages, including:

  1. Protection - It protects all parties involved, ensuring everyone understands their roles and responsibilities.

  2. Clarity - The agreement offers clear guidelines, minimising misunderstandings and disputes during mediation.

  3. Confidentiality Assurance - A written commitment to confidentiality helps maintain trust, a fundamental element of successful mediation.

The Agreement to Mediate, as facilitated by Adelaide Workplace Mediation, is a critical step in ensuring a structured and successful mediation process. It sets clear expectations, promotes transparency, and reinforces the essential element of confidentiality. Signing this agreement is not only a procedural formality but a significant step towards achieving a productive and effective mediation outcome.

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