Supreme Court of New South Wales

Private mediation

What is private mediation?

Private mediation is where the mediator is a person engaged directly by the parties to mediate the dispute. The mediator may or may not require a referral order from the Court.

A private mediator does not have to be a lawyer, but it is preferable that the person is qualified as a mediator.

Information on how to find private mediators

Private mediators usually charge for their services, and the fees vary from mediator to mediator. The mediator or the mediation provider organisation can give information about fees and charges.

The Court does not generally provide rooms for private mediations.

There is no court listing of private mediations.

How are private mediations arranged?

First, the parties need to agree on the mediator for the dispute. Parties may have a particular mediator in mind.

Some suggestions for finding a private mediator

Once the mediator has been agreed upon, the parties legal representatives contact the mediator directly to make all arrangements eg to establish:

  • the costs
  • the venue
  • who should attend
  • what preparation is required

The Court does not hold a list of private mediators and cannot provide information on any arrangements that have been made for private mediation.

How long will it take?

For an estimate of how long the mediation session is likely to last, please contact the mediator directly.

The waiting time from the date of obtaining the referral order will depend upon the availability of the mediator chosen by the parties. If that waiting time is inconvenient, then it may be appropriate to consider using another mediator.

Information on where to find mediators

Information on arranging urgent private mediations

How to find a private mediator

Some sources of information are:

  • recommendations or suggestions from the parties' legal representatives.
  • mediation provider organisations, including the Joint Protocol partner organisations.
  • Yellow Pages- there are listings of many private mediators and mediation provider organisations in the Yellow Pages under "Mediators" and "Mediation". The mediation provider organisations may also be able to suggest particular mediators who have relevant additional qualifications or whose fees fall within a particular range.

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How much does it cost

Information about mediation costs

Last updated:

16 Oct 2023

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