Mediation — what's it all about?

The common factor in all successful mediation is that no party has to sacrifice their autonomy or control of any final outcome to reach a resolution. Parties can walk away with a deal that works for them or leave the negotiation table. The choice is theirs. Any signed agreement is enforceable.

Mediators are especially good at detecting underlying interests, which tends to give people a higher level of satisfaction than might not be gained through a determinative process, like where a decision is made for the parties. Part of their role is to facilitate robust and constructive conversations between the parties — and as mediation is confidential and without prejudice — realistic offers can be negotiated and concerns addressed. 

The primary role of the parties in a mediation is to participate in good faith. Sometimes it’s easier to recognise bad faith — such as using the mediation process as a means of extortion or to gain information, not showing up to the meeting, or not communicating during the mediation. Operating from a position of good faith means being open to listening and negotiating. 

• communicating with the other party and the mediator;
• listening and hearing the person’s point of view; 
• putting forward genuine offers to resolve the matter that is non-offensive; and
• considering offers that are made to you. 

Mediation is a step up from negotiating on your own or through a friend. At the Commission, all our mediators are highly experienced and credentialed. 

If you are wrestling over a conflicted domain name or a domain name dispute, reach out to our dispute resolution team. Not all matters are suitable for mediation — some are better suited to go to expert determination — but we can talk with you about the options.