Mediation Matters-Importance of the Mediation intake.

The intake is possibly the most important part of a mediation and can often determine or contribute to the ultimate success of the mediation.

The intake is a time set aside for the mediator to get to know a party and that party's perspective of the dispute.

It provides an opportunity for  the mediator to explain the process and to try to get to know the background to the dispute and the underlying issues that may be impeding a resolution.

Most importantly, it is an opportunity for the mediator to develop a rapport with and gain the trust of the party.This rapport and trust is an investment in the outcome.When things get tough in the negotiation the same rapport and trust will assist the mediator to guide the parties to an outcome.  Once the parties have trust in the mediator, the chances of a successful outcome increase as they are more likely to value any guidance that the mediator offers.

It is important that both parties feel that the mediator is listening and that they have been heard.

At Brisbane Mediations, we try to organise the intakes on a separate day, prior to the mediation itself.This enables parties to go away and mull over what the mediator has said before the mediation occurs.It also enables them to become familiar and more comfortable with the process before the actual day of the mediation.

Sometimes, it is not possible to organise the intakes earlier than the mediation day, however we consider it preferable to do so.

Another advantage of an earlier intake is that it enables the mediator and the parties to determine if mediation is the most suitable process for those particular parties and that particular dispute.Making an assessment of whether parties have the capacity to mediate is another important aspect.

Sometimes parties may want their legal representative to attend the intake and while this should never be discouraged, I generally tell each party that although their legal representative is present, it is really the party's opportunity to tell their story and for us to get to know each other. I usually say that by the end of the intake, I hope that the party not only understands the process but knows me and what I do better and that I have a good understanding of the party's perspective. Of course, while not stifling the party, the lawyer can often add vital information that assists the mediator.

The intake is also a good opportunity to ascertain whether there have been previous attempts to resolve the dispute and how successful those attempts have been. A mediator well known to me makes it his business to ask each party and, if present their lawyers, to say why they think that the dispute has not settled to that point.

Parties need to understand that their discussion with the mediator in the intake is confidential unless one or more of several exceptions apply.  These should be carefully explained, so that the party can proceed with confidence that what they say to the mediator won't be divulged to the other party without their permission.

In summary, the intake is a most important tool for the mediator and should never be undervalued.