Preparing for mediation: a practical discussion plan
Prepare questions, records and practical arrangements for mediation. Separate advice from facilitation and clarify authority, support, costs and any proposed agreement.
General information prepared with AI assistance and linked public sources. No independent legal review is claimed.
Coverage: Australian preparation prompts. Mediation models differ; the linked Legal Aid NSW resource concerns its described processes, not every mediation nationally.
General information only — not legal advice.
Prepare for mediation by understanding the process you have been invited to, the issues to discuss and the advice you may need before making decisions. Ask the service about participation, safety, support and documents. A mediator’s role is different from that of a lawyer advising you.
About 4 minutes · Includes a checklist and worked example
Identify the process and the people
Read the invitation and identify the service, matter reference, date, format and requested preparation. Ask who will attend and what their roles will be. A private commercial mediation, family dispute resolution and a tribunal conciliation should not be treated as interchangeable appointments.
Tell the service about language, accessibility or safety needs through its appropriate intake channel. Ask what arrangements are available instead of assuming everyone must sit together in one room. Raise concerns early enough for the service to assess them.
Prepare an issue list with supporting records
Write down the decisions you hope the discussion can address. Beside each issue, identify the documents you already hold and the questions you need answered. Keep factual records separate from your private notes about possible options. Ask the service which documents it expects and how they should be shared.
Avoid sending a large bundle without instructions. A small, clearly named set may be more usable, but the service or adviser should guide the required material. Do not delete context from a record to make it seem more favourable.
Get advice about choices and consequences
If the dispute has legal implications, ask an appropriately qualified adviser what you should understand before deciding whether to agree. Explain the actual process and the documents in front of you. A facilitator may help people discuss options without advising you whether a proposal protects your interests.
Consider the practical details of any option: who would do what, by when, and what documents would be needed. Questions about how an agreement becomes effective, what it covers and what happens if it is not performed are matters to clarify before committing.
Plan the day and the follow-up
Confirm the time zone for a remote meeting, how to join, whether a support person may attend and whom to contact if the connection fails. Ask about breaks and how to seek private advice during the process. Keep important documents accessible without displaying unrelated personal material on screen.
At the end, record what was agreed, what remains unresolved and who will prepare any next document. Do not assume a discussion has ended a proceeding or removed an existing obligation. Ask the adviser or relevant service to explain the next formal steps.
Prepare the discussion, not a prediction
Use this plan to identify the questions and arrangements that would make participation more informed. It does not assess the merits of an offer.
Practical comparison framework
Preparation item
Write down
Clarify with
Issue
The decision that needs discussion
Your adviser or the service
Record
The document behind the issue
The service’s preparation instructions
Possible outcome
What would have to happen in practice
Your adviser before committing
How to use the comparison
A narrow issue list can keep the meeting focused, but connected obligations may still matter. Flag them rather than assuming the mediation resolves everything.
Carry a short list of unresolved questions and make time to understand a proposal before making a commitment.
Original editorial comparison framework. Examples are hypothetical and do not assess your circumstances.
Do not assume that. Clarify the mediator’s role and obtain separate advice where needed about your position and a proposed agreement.
Should I prepare only the amount I want?
Also consider the issues, records, practical arrangements and questions you need answered. Ask an adviser about the consequences of the available options.
Source references checked 20 September 2026. Follow the official source for current information and its jurisdictional limits. Our comparison prompts and hypothetical examples are editorial guidance, not statements of law.
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