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Can I speak to the Mediator in private?

I want to speak to my Mediator in private. I have some ideas but I am not ready to share them with the other person. What can I do?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 17-11-2015
1 Lawyer Answered
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  1. Mediation & ADR
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Penrith 2570 NSW

  • A key part of the mediation process is the ‘private sessions’.
  • At any stage within the mediation process you can request a private session with the mediator.
  • In these sessions you will be able to talk to the mediator about:
    • how you are going with the process so far;
    • if there are any new issues you need to raise;
    • if you are finding any aspect of the process or the discussion difficult to deal with; and
    • a chance to explore and test your ideas about possible solutions.
  • These sessions are also confidential and the mediator will not share anything you discuss in private with the other person without your consent.
  • In order to preserve mediator neutrality the mediator will attempt to balance any private session by giving equal time to the other party so they can also discuss their concerns.

 

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