Bringing a support person to mediation

White people holding hands

If you’re participating in mediation you might want to bring a family member or friend to support you through the mediation.

When can I bring a support person to my mediation?

You can bring a support person to the mediation if everyone involved in the conference process agrees – including the other person involved in your matter and the mediator.

Who is an appropriate support person at mediation

This might be your current partner, a sibling or parent.  If your proposed support person has a difficult relationship with the other party attending mediation, think about whether it will be helpful to have them attend or if someone else might be a better support person.

What if they don’t agree about my support person attending?

If everyone involved in the mediation doesn’t agree, your support person will not be allowed in the mediation room. They will be able to wait in your private ‘breakout room’ and give you support during breaks.

What can a support person do at the mediation?

Support people provide ‘silent support’ – this means they do not play an active role in the mediation and must not participate in any discussions or negotiations about the issues being mediated or other issues that arise during the process. You can talk to your support person about the issues being discussed when you are in your ‘breakout room’.

Support people do not have the right to speak to the other person involved in the dispute or to raise issues with the mediator, the child consultant, the other person, or the other person’s lawyer.

Can my support person be asked to leave the mediation?

Your support person can be excluded from the conference process at any time if the mediator believes they are not helping the matter to progress or are being disruptive.

Does my support person have to sign the mediation agreement?

Yes.  Anyone at the mediation is bound by confidentiality so must sign the mediation agreement.  They will not be permitted to attend the mediation if they do not sign the agreement.

Book a free discovery call to learn more about how we can help you in mediation.

Photo by Roman Kraft on Unsplash

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