What is the role of a support person in a mediation? What do we look for? What is allowed, not allowed. How to say no to a support person. Manage conflict. Does having a support person improve the outcome?

1. www.janicemcleayconsulting.com.au

2. What do we
look for?

3. What is the
role of the
support
person?

4. Role of the
support
person
The role of the support person is to provide moral
support, to take notes if requested, to remind the
person of anything they may have forgotten, to
suggest breaks if they think it is useful. Usually, the
support person does not speak on the other
person’s behalf, but you may choose to allow them
to speak if it appears to be productive.
When you are in confidential proceedings, it is
appropriate to require the same level of
confidentiality of the support person as you
require of the key person. We ask support persons
to sign a confidentiality agreement before we
commence mediating.

5. What do we
not allow?

6. Not allowed
• Advocate on behalf of the person they
are supporting
• Answer questions on behalf of the
person they are supporting
• Interfere with or obstruct the process.

7. Obstacles

8. obstacles
A person who is accustomed to a role as an
advocate, speaking on behalf of their client, can be
managed through seating arrangements, eye
contact and other usual strategies.
Whether to include or exclude a support person
from a private session is a question for the person
they are supporting.
It is important that the support person is not
considered to be a signatory to an agreement, but
may sign as a witness to the signature of a party if
required.

9. Who can be a
support
person?

10. Who can be a
support
person
Almost anyone can be called to be a support
person – a family member, a neighbour, a lawyer,
a union representative, a friend.
The support person should not be a person
involved in the dispute.
A lawyer who is likely to represent a client in legal
proceedings is unlikely to be a support person, as
they could be called as a witness. If a lawyer is
selected as a support person, they should be
given the same level of respect and inclusion as
anyone else.

11. Exceptions

12. NSW Local
Government
“At any stage of the procedure, the employee(s) may be
represented by their union or its local
representative/delegate and the employer represented by
the Association.”

13. When and how to say no
to a nominated support
person

14. How to say no
• Stating who is/is not appropriate eg not a
person involved in the issue or a person in
authority over one of the participants;
• Requiring to be informed of the proposed
support person prior to the mediation;
• Checking with the other party to the
mediation that the proposed person is
acceptable.
If one person in pre-mediation objects to the
support person the other party wishes to
bring, it may be preferable to present the
objection as yours rather than the party’s, if
you agree with the party’s reasons for not
including the nominated support person.

15. Dealing with difficult
support people

16. Does it make a difference to
the outcome?

17. Does having a
support person
make a
difference?
• The presence of a support person may lead to a more
truthful and/or productive process because a party may
feel more confident when accompanied by a person of
their choice. It may give a party confidence to reach
agreement and sign off on it, rather than delaying the
outcome because of feeling the need to talk it over with
someone else
• It is useful for people to have someone to debrief with
after a mediation, without breaching confidentiality by
talking to someone who was not present
• It is useful to have someone to remind the party what
was said and what was agreed

18. Support
SUSTENANCE CARE BACKING ENCOURAGEMENT