This agreement explains the terms and conditions under which pre-mediation and mediation is provided.

By proceeding with the booking of a pre-mediation intake session or a mediation session, you agree to be bound by the terms contained here.

1. Parties to this agreement

The parties are:

• You
• Sergio Zanotti Stagliorio, ABN 93 139 575 614 , hereafter the ‘Mediator’

2. What is Mediation?

Mediation is a voluntary process where the Mediator help you to respectfully discuss and negotiate a resolution to issues that you are experiencing with another person or organisation. In the majority of cases the parties to a mediation reach a resolution or partially resolve the issues.

The Mediator will document any agreements you reach regarding future actions required to resolve the issue. The Mediator is not a judge. They will not determine what you must do. Their role is to help you to clarify the issues, communicate and problem solve.

3. Confidentiality

Mediation is a confidential process. That means the Mediator will not share information you provide unless: you ask them to; they need to in order to complete their role; they are required by a court of law; or they feel they have a duty of care to protect someone from harm or prevent a serious threat to a person or property.

By booking a pre-mediation intake session or a mediation session, you agree to keep what is discussed in them confidential. You may seek professional advice or discuss with a personal advisor or person who may be affected by the decisions reached. If you do discuss the mediation with someone who is not a party to this agreement, you will ask them to not talk about it with others.

If there are any other exceptions to confidentiality (for example if the mediator has to confirm whether you attended and participated in good faith to a court, employer or other third party), the Mediator will advise you about who and what type of information will be provided.

4. Inadmissibility

Inadmissibility means that something cannot be used as evidence in court. What is discussed during mediation is usually inadmissible evidence in tribunal or proceedings. To confirm this, by booking a pre-mediation intake session or a mediation session, you agree not to request or require the Mediator to provide evidence in any court or tribunal. This ensures you can make proposals and consider options during mediation without fearing being held to something you did not agree to.

5. Written Agreements and Release of Information

The Mediator may only release information at the end of the mediation following instructions agreed to by both parties. For example, the Mediator may write up and email to you with the points of agreement from your mediation session or supply a copy of your agreement to your employer or legal advisor if you give permission to do so.

6. Making your agreement legally binding

An agreement reached during mediation is not generally legally enforceable, but if it is signed and dated, it might be used as evidence of agreement, depending on the circumstances. You should get legal advice regarding making the agreement legally binding.

7. Roles and Responsibilities

• The participants are responsible for resolving their dispute.
• The Mediator’s role is to facilitate the mediation process.

8. Legal or other advice

The Mediator’s role is to assist you in reaching an informed and voluntary agreement. The Mediator will not provide legal or other advice or say how you must resolve the dispute. The Mediator may provide you with information to assist with making an informed decision or may refer you to independent advice.

If you have a lawyer, you may bring them with to the pre-mediation intake session and/or the mediation session. However, the presence of a lawyer in the mediation session may discourage the other party from reaching an agreement with you, unless they also bring their own lawyer.

9. Neutrality and Conflict of Interest

The Mediator is independent of the participants in any dispute they negotiate. This means that they have no obligations and do not get a benefit from any specific outcome of the dispute. The Mediator’s job is to facilitate a fair process and must not provide an advantage or show bias.

The Mediator must disclose and discuss with you any real or potential conflict of interest that they become aware of, and you should immediately raise any concerns you have. In most cases, the Mediator will be a stranger.

If you have any prior personal or professional relationship with the Mediator, you must disclose this as soon as possible. Mediation will only proceed if all participants agree that the relationship does not create a conflict of interest.

10. The Mediation Process

The mediation process includes a pre-mediation stage and all communication with the Mediator until the process is ended.

10.1. Pre-Mediation Intake Session

Each party must book their own individual, confidential session with the Mediator. This is carried out via video conference. In your intake session, you will meet the Mediator, who will explain the mediation process to you. The Mediator will also explore your situation and answer questions you may have about how mediation works. Mediation should only be booked once both parties have attended their respective intake sessions with the Mediator.

Intake sessions occur via video conferencing. If you do not both have access to the internet, we can provide the intake session by phone.

10.2 Mediation Session

Mediation is a structured process of clarifying the issues, considering options for resolution and negotiating an agreement.

10.2.1. Mediation Service Delivery

The parties can choose to have mediation done via video conferencing or in person. If mediation occurs via video conferencing, the parties and the Mediator can be located anywhere in the world.

If mediation occurs in person:

• the parties will need to pay an additional fee for booking a room in Sydney or nearby areas, which the Mediator will inform the parties of after the booking;
• the parties can choose to equally split that fee or otherwise, so long as we receive the total fee for the room;
• in the event that no rooms are found for rent on that day/time, the session will need to be rescheduled;

If there are issues such as safety concerns or logistical issues, mediation will occur via video conferencing.

10.2.2. Support Person

You may bring to the pre-mediation intake session and/or the mediation session a support person. The role of a support person is to provide emotional and practical support to you, but they must not act as an advocate or speak on behalf of any party.

You must keep any confidential information disclosed or discussed in the mediation confidential unless required by law.

1. The support person may:
   • Offer emotional and moral support to the party they are accompanying.
   • Help the party stay focused and calm during mediation.
   • Take notes for personal use by the supported party (if permitted by the Mediator).
2. The support person must not:
   • Speak on behalf of the party or intervene in discussions.
   • Attempt to influence the mediation process or outcomes.
   • Act in a way that disrupts or undermines the mediation.

10.2.3. Terminating the mediation and taking breaks

Any party can end the mediation at any time for any reason or request a break or a private session with the Mediator.

10.2.4. Mediation Ground Rules:

• You will communicate respectfully and behave in a business-like manner. You will not swear or use aggressive, disrespectful or disruptive language or body language. We will refer to each other by our first names only.
• You will focus on the future. You know that we cannot change the past. The purpose of mediation is to assist us to move forward and resolve our issues. You give the Mediator permission to redirect discussion towards problem solving and the future, if required.
• You will take turns to speak and listen actively to what is being said. You can take notes if you are worried about missing a point. You will listen in order to understand what is being said to you. You will try to understand the other party’s point of view. You will not interrupt and when it is your turn to speak, you will ask questions if you are confused or unsure about what they are trying to say.

11. Storage and Disposal of Records

The Intake Forms and documents supplied by the participants are retained by the Mediator in his case management system. Often notes made during the mediation session are destroyed and if not they will be stored securely.

12. Mediators’ Obligations and Ethical Standards

The Mediator is nationally accredited under the Australian Mediator and Dispute Resolution Accreditation Standards which contain a Code of Ethics and Practice Standards. www.amdras.au

The Mediator is not a registered Family Dispute Resolution Practitioner, and is not practising as a registered Family Dispute Resolution Practitioner in this matter. The Mediator is unable to issue a section 60i Certificate for Family Court purposes in this case.

13. Fees

• Each party must book, and pay for, their own pre-mediation intake session.

• Cancellation without notice or a valid reason may result in the mediator terminating the process. A cancellation fee up to 100% of the fee may apply if you cancel without notice.
• Refunds are not generally available if a scheduled session ends early however if any sessions have been prepaid and they do not proceed a refund may be
• Each party booking their individual intake session will pay for their own session.
• Once the parties have reached agreement as to when the mediation session will occur, they should choose one of the parties to book the mediation session only and pay for half of our mediation fees. We will then seek the other half from the other party. If that is not received within 3 days, the mediation will be rescheduled. If you wish to pay for the entire mediation fee, you should inform us as soon as possible after you have made the booking. The Mediator remains impartial whether or not the parties split the mediation fees.
• Fees may vary from time to time between you booking two or more services.

Fees payable (inclusive of GST):

Service to be provided	Per person
1-hour Pre-Mediation Intake Session	$ 350
Up to 4 hours of Mediation	$ 1,100
Up to 8 hours of Mediation	$ 2,200

14. Exclusion of Liability and Indemnity

You release and discharge the Mediator from all liability of any kind whatsoever (whether involving negligence or not) which may be alleged to arise in connection with the mediation. The Mediator will not be liable to any party for any act or omission by the Mediator in the performance or purported performance of the Mediator’s obligations under this Agreement unless the act or omission is fraudulent.

You indemnify the Mediator against all claims by you or anyone claiming under or through you, arising out of or in any way referable to any act or omission by the Mediator in the performance or purported performance of the Mediator’s obligations under this agreement, unless the act or omission is fraudulent.

No statements or comments, whether written or oral, made or used by the parties or their representatives or the Mediator within the mediation process shall be relied upon to found or maintain any action for defamation, libel, slander or any related complaint, and this document may be pleaded as a bar to any such action.

15. Complaints

If you have an issue with the services provided by your Mediator, the first step is to email sergio@accreditedmediator.com.au or call 0435 722 101 to discuss your concerns.

Your Mediator’s independent complaint handling body is the Mediation Institute. If you are not satisfied with the response to your complaint to the Mediator, you can contact the Mediation Institute at office@mediationinstitute.edu.au or 1300 781 533 to raise your concerns.