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Conflict Services

Neutrality and confidentiality

On nobody's side. Here's what that means in practice.

Everyone says they're impartial. This page sets out what it means at Conflict Services: who can mediate your matter, who can't, and what happens to what's said in the room.

What does neutral mean here?

A mediator doesn't take sides, doesn't decide who's right and doesn't push anyone toward an outcome. Their job is the process: making sure each person is heard, understands where others are coming from and has a fair chance to work out what happens next.

Accredited mediators in Australia work to national practice standards that require impartiality and the disclosure of any conflict of interest. We hold ourselves to those standards on every matter, whoever is paying.

Independent experts, not employees

Everyone on our panel is an independent expert, not an employee taking guidance from a single point of view. That gives you two things at once: truly independent expertise, and the range of a whole practice to draw on.

It also means we don't try to fit your problem to our service. We recommend the service that fits your problem, even when that isn't us.

Who can't mediate your matter?

If anyone on our side has advised one of the people involved, or has a personal or business connection to them, they don't mediate. Someone else on the panel does.

It's the same rule that stops an HR consultant, a lawyer or an EAP counsellor who has already advised one side from mediating the same dispute. It's also why they refer matters to us.

What if you've already investigated the matter?

Then a different panel member runs any mediation that follows. An investigator has made findings about what happened, so they can't also sit in the room as the neutral one. The mediator comes to it fresh.

It works the other way too. A mediator who has heard people speak in confidence doesn't go on to investigate the same matter.

How do you check?

Before anything is booked, we run a conflicts check on everyone involved, and the panel member we propose confirms they have no connection to anyone involved. If a conflict comes to light later, we'll tell you and change mediators.

The business is paying. Doesn't that make you its mediator?

Usually the business pays, and that's normal. Paying for the process doesn't buy an outcome. The mediator's job is the same whoever pays: a fair process for everyone in the room. We say so to everyone at the start, so nobody has to wonder.

What stays in the room?

What's said in mediation is confidential. There are limits, such as a serious risk to someone's safety, and the mediator explains them to everyone before the session starts.

Private conversations with the mediator stay private unless that person agrees otherwise. That's what makes it possible to say the difficult thing, or to test an idea before saying it to the room.

What does the business receive?

Before we start, we agree with the business what comes back to it. Usually that's the outcome note: the points everyone has agreed, in writing.

  • We don't write reports on who was right.
  • We don't pass on what was said in private.
  • We don't make findings. If findings are needed, that's an investigation.

Neutral isn't the same as passive

A neutral mediator still manages the room. If a conversation becomes unsafe, or one person is being talked over, the mediator steps in, slows things down or calls a private break.

Being on nobody's side means being on the side of a fair process.

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Start in the middle.

Calm, clear and early is usually better than perfect and too late. $290 ex GST for 45 minutes, and a short email of next-step recommendations afterwards. No obligation to book further work.

Triage with Shiv, then the right person on our panel.

Triage call$290 ex GST, 45 minutes

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