When a disagreement involves Ocaye

Be clear about the portal’s relationship

Mediate by Ocaye is a portal provided by Ocaye. Its presence does not make a mediation provider independent. Do not assume an Ocaye-affiliated person is neutral when Ocaye is a party, has an interest or has a relevant relationship with someone involved.

Before sharing sensitive information or agreeing to a process, explain the connection you are concerned about. Ask who would mediate, their connection to the parties, how the mediator is selected, who pays, what information may be shared with Ocaye, how conflicts are managed, what records may be kept and what confidentiality terms apply.

Professional standards for registered practitioners call for potential conflicts to be disclosed. Continuing may depend on informed consent and whether the practitioner can still act impartially. Both parties should be able to raise concerns without pressure before committing.

Consider an external independent mediator

If Ocaye is directly involved, has a financial or operational interest, or the relationship creates doubt about neutrality, an external independent mediator may be a better fit. The participants can discuss selecting a provider who has no relevant connection, understands the kind of conversation required and can explain their process, fees and experience clearly. The parties should agree on the provider and the arrangements before sharing material or scheduling a session.

A mediator facilitates discussion; they do not decide who is legally right, investigate a complaint for Ocaye or guarantee an outcome. If you need a formal finding, urgent protection, advice about a contract or help with a legal deadline, seek an appropriate independent professional or service. The right next step depends on the issue and the arrangements that apply to it.

• Name the Ocaye connection and any concern about impartiality before engagement.
• Ask who will receive information and what confidentiality terms apply.
• Confirm the mediator’s affiliations, fees, experience and conflict process.
• Consider whether the parties would be more comfortable with an external provider.

Decide whether mediation is suitable

A facilitated discussion may be useful when the participants want to clarify what happened, identify what remains disputed and explore options. It may be less suitable where a participant cannot take part freely, where a decision by a court or regulator is needed, or where another process is required by an agreement or law. A mediator can explain the boundaries of their service, but each participant should make their own decision about taking part and may seek independent advice.

If all parties choose to proceed, agree who is attending, what topics are in scope, how costs are handled and what information may be shared. Using this portal is not consent to a process, disclosure or settlement. Clarify the provider, relationship and terms before choosing.

Find another source of support

If you prefer not to use a portal provided by an organisation involved in the matter, ASBFEO describes dispute support options for small businesses, and the Australian Government explains ways to manage business disputes. You can also seek independent legal or business advice about which path fits your circumstances. This page describes general process considerations; it does not set out an Ocaye complaints procedure or promise a particular response.