The Role of a Support Person in Mediation: A Comprehensive Guide

Sep 14, 2023 | Family Law Mediation

Mediation is an effective method for resolving disputes. However, the mediation process can be emotionally challenging, and having a support person by your side can be beneficial. In this guide, we explore the role of a support person in mediation and their responsibilities, and we look at the benefits and the various considerations to keep in mind when selecting and involving a support person in the mediation process.

1. Understanding the Role of a Support Person in Mediation

Definition and Purpose

A support person is an individual who attends a mediation session with one of the disputing parties to provide emotional, personal, and sometimes practical support. Their primary role is to help the party feel more comfortable and confident during the mediation process. A support person is not directly involved in the dispute and does not participate in the negotiations or decision-making process.

Who Can Be a Support Person?

A support person can be anyone the party feels comfortable with and trusts. The support person may be a:

  • Friend
  • Relative, such as a parent, aunt, uncle, cousin, or sibling
  • Disability support worker
  • Teacher
  • Social worker
  • Family support worker
  • Relevant service provider

It is essential that the support person is not involved in the dispute and does not take sides. The other party in the mediation and the mediator must agree to the support person’s presence, and the mediator can exclude a support person if their presence is deemed unhelpful to the mediation process.

2. Benefits of Having a Support Person in Mediation

Emotional Support

Mediation can be an emotionally taxing process, especially when personal or sensitive issues are involved. A support person can provide emotional support and a sense of reassurance, helping the party feel more at ease during the mediation session.

Practical Support

In some cases, a support person might help the party with practical matters, such as organising documents, taking notes, or providing background information on the dispute. This can help the party focus on the mediation process and make better-informed decisions.

Assistance for People with Disabilities

For people with disabilities, a support person might be necessary to ensure they can participate in the mediation process effectively. A support person may help with communication, mobility, or other accommodations needed for the party to fully engage in the mediation.

3. When to Consider Having a Support Person in Mediation

Children and Young People

Children and young people participating in mediation should generally have a support person to help them understand the process and feel more comfortable.

People with Disabilities

A support person may be necessary for individuals with disabilities to ensure their needs are met and they can participate effectively in the mediation process.

Anxiety or Emotional Distress

If a party is feeling particularly anxious or distressed about the mediation process, a support person can help alleviate some of their concerns and provide emotional support.

Suggested or Advised by Mediator

In some cases, the mediation advisor or mediator may suggest or advise that a party should bring a support person to help facilitate a smoother mediation process.

4. Types of Support Provided by a Support Person

Waiting Area Support

A support person can provide support in the waiting area outside the mediation session. Mediators can schedule breaks, allowing the party to spend time with their support person and seek their advice, reassurance, or guidance.

Silent Support in the Mediation Session

A support person can be present in the mediation session without participating or speaking. Their mere presence can provide emotional support and a sense of comfort for the party.

Active Participation in the Mediation Session

In some cases, a support person may actively participate (to a point) in the mediation session, especially if the party is a child or young person or has a disability. This could involve helping with communication, providing background information, or assisting with decision-making.

Partial Session Attendance

A support person might attend only part of the mediation session, depending on the party’s needs. The party may feel they need the support person initially but decide they are comfortable proceeding without them as the session progresses.

5. Selecting a Support Person for Mediation

Trust and Comfort

Choose a support person you trust and feel comfortable with, as you may need to share sensitive information with them related to the dispute.

Neutrality

The support person should not be involved in the dispute or have taken sides in the dispute. Their role is to provide unbiased support and assistance during the mediation process.

Availability

Ensure your support person is available to attend the mediation session and is aware of their role and responsibilities.

Agreement from Other Parties

Remember that the other party in the mediation and the mediator must agree to the support person’s presence. Be prepared to discuss your choice of support person and the reasons for their involvement.

6. Support Person’s Responsibilities and Limitations

Confidentiality

A support person must respect the confidentiality of the mediation process and not disclose any information they observe or hear during the session. They must be prepared to agree to this.

Non-Participation

The support person’s role is to provide personal and emotional support, not to participate in the mediation itself. They should not engage in discussions or negotiations related to the dispute.

Respect and Decorum

A support person should behave respectfully and professionally during the mediation session, ensuring they do not disrupt the process or hinder progress.

7. The Mediator’s Role in Involving a Support Person

Assessing the Need for a Support Person

The mediator may assess whether a support person’s presence is necessary or helpful for the mediation process, considering factors such as the party’s emotional state, needs, and the nature of the dispute.

Ensuring Agreement from Other Parties

The mediator is responsible for ensuring that the other party in the mediation agrees to the presence of a support person and is comfortable with the specific individual chosen as the support person.

Setting Boundaries and Expectations

At the mediation session, the mediator will clarify the role of the support person and set boundaries and expectations for their involvement in the process.

Excluding a Support Person

If the mediator determines that a support person’s presence is unhelpful or disruptive to the mediation process, they may exclude them from the session.

8. Support Person and Costs

The party relying on the support person is usually responsible for making arrangements for their support person’s attendance and any associated costs.

9. Interpreters in Mediation

In cases where the parties do not share a common language, an interpreter may be necessary for the mediation process. Interpreters should be qualified, independent, and agree to maintain confidentiality. They must interpret what is said directly and without embellishment. While a friend or family member may offer to interpret, this can sometimes cause friction, similar to the issues that can arise with support persons. Interpreters are not support persons.

Conclusion

Involving a support person in the mediation process can provide emotional and practical benefits for the disputing party. It is essential to carefully consider the need for a support person, select an appropriate individual, and ensure that their involvement is agreed upon by all parties involved. By understanding the role and responsibilities of a support person and addressing any potential issues in advance, a support person can contribute to a more comfortable and effective mediation experience.