You recognise the proposed mediator from an earlier professional engagement

A familiar name appears in the appointment

The proposed mediator's name looks familiar because they worked with the other business on an earlier matter. Tell your lawyer what you actually know before the mediation starts. A connection deserves a clear discussion, but recognition alone is not proof of unfairness. Distinguish a documented professional engagement from a rumour or a person with a similar name.

Explain the connection factually

Identify the earlier matter, approximate period and nature of the involvement, using records you may lawfully provide. Do not circulate accusations to staff or publicly describe the mediator as biased. Ask your lawyer how to raise the concern through the appropriate channel. Keep confidential information from the earlier engagement protected while obtaining advice about what can properly be disclosed.

Use the published professional guidance

The Law Council of Australia's mediation guidelines address disclosure of actual, potential or perceived conflicts, including previous professional interactions. They also describe addressing objections about a mediator's involvement. Ask your lawyer about the requirements governing this mediation. The guidelines are not a ruling that a particular connection automatically disqualifies the mediator or invalidates every later discussion.

Source: Law Council of Australia: Guidelines for Parties Engaged in Mediation, June 2025

Ask for enough information to decide

Imagine a company director recalls that the mediator previously advised the opposing business but does not know on what subject. Have the enquiry made without presuming the answer. Relevant clarification may change the assessment. Do not treat a broad assurance that everybody knows everybody as a substitute for addressing the specific concern, or demand unrelated confidential details about another client.

Resolve the process before substantive bargaining

Discuss the response and available options with your lawyer. Record any informed decision about proceeding or seeking a different appointment through the proper process. Keep court directions and scheduled obligations under advice; raising a concern should not silently become a decision to miss the session. If a new fact emerges during mediation, raise it promptly rather than storing it for later tactical use.

Keep the decision with the preparation file

Retain the disclosure, advice and agreed outcome alongside the mediation arrangements. Continue preparing the commercial issues once the process is settled. A fair preparation step allows a specific concern to be examined early, without replacing evidence with assumptions about a familiar name or undermining negotiations through an unresolved objection.