Mediation is a non-adversarial alternative to going to court.
Mediation is often cheaper, quicker, and you have more control in relation to the outcome of your matter in a Mediation. Mediation is a structured negotiation process in which an independent person, known as a mediator, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute. Mediation is an alternative to a judge imposing a decision on the parties.
MEDIATION IS ....
Affordable – Mediation costs considerably less than litigation.
Efficient – The mediation process can usually settle a dispute within a few sessions. Most mediation’s conclude or settle within thirty days from initiating the process.
Effective – Mediation statistically settles over 85% of initiated disputes.
Informal - The process of Mediation is flexible and informal. It is not necessary to have an attorney represent you during the mediation process. However, some individuals feel more comfortable with attorney representation.
Empowering – Disputing parties are directly engaged in the negotiation of their settlement. Parties also enhance the likelihood of continuing their relationships by utilizing mediation.
Confidential – Information disclosed during mediation may not be divulged as evidence in any trial or judicial proceeding, except so far as required by law or with the consent of the parties.
Activities such as conciliation, consulting, facilitation, consensus building, conducting public dialogues, system design, restorative justice initiatives, education and capacity building to mitigate or prevent disputes and conflict are all encompassed within a sweeping definition of mediator in the context of Alternative Dispute Resolution.
The flip side is, that both parties come to the Mediation willingly and voluntarily, and the outcome cannot be guaranteed. An agreement at the end of the Mediation is not always possible. This totally depends on the parties.
There is much theory that governs Mediation, and there are several approaches to Mediation.
However, Mediation is always facilitated by a neutral third party, the agenda is set by the parties, and there are face-to-face and private sessions available to both parties during the course of the Mediation process.
In workplace Mediation, you may have accessed Human Resources options to resolve your conflict. Ths may have come to a stalemate. This is often because Human Resources do not have the training and knowledge to take your matter any further.
As a qualified, registered and experienced Government Lawyer who has worked for the United Nations, an experienced and qualified Therapist and Natioanlly accredited Conciliator and Mediator, my breadth of experience is unique to get you results!
All cases, regardless of their complexity or number of parties, are eligible to be referred to mediation. The parties are in ultimate control of any decision to resolve their dispute. It is essential that people attend the mediation with sufficient knowledge of the relevant issues in dispute and the authority to make decisions about how it might settle after the mediation.
Before commencing mediation the mediator will consider the best process for mediating your dispute, taking into account suggestions from all parties where possible.
The mediation will commence with an explanation of the process, followed by a discussion about the background of the matter and issues in dispute.
The mediation itself is flexible and can be tailored to the circumstances. Mediators may assist negotiations by asking questions, encouraging open discussion, offering different perspectives and expressing issues in alternative ways.
Parties may be encouraged to identify and test the consequences of potential solutions. It is common for the mediator to meet with the parties jointly and separately and further mediation sessions can be scheduled if necessary.
WHAT KIND OF MATTERS SHOULD BE BROUGHT TO MEDIATION?
Virtually any commercial and civil dispute is appropriate for mediation including:
Business;
Corporate or commercial;
Government projects;
Contracts disputes;
Workplace conflict;
Wrongful dismissal;
Professional negligence;
Construction;
Contract;
Estates;
Manufacturer – supplier disputes;
Commercial Lease;
Franchise;
Civil, landlord/tenant;
Real estate;
Employment;
Environmental;
Real property;
Class actions;
Mass Tort;
Insurance;
Personal injury and many others.
THE PROCESS OF MEDIATION
The process of mediation is a guided negotiation, helping the parties to communicate with each other, exploring the issues which are of real importance to them, which often differ from their ‘rights’.
The parties are encouraged to find ways to address their present and future needs, rather than dwelling upon who may have been right or wrong in the past.
Parties in mediation avoid the uncertainty and dissatisfaction often experienced in court or at arbitration where they have little choice but to accept the judgment made, which none of them may be happy with.
Everything said at the mediation is entirely confidential to the parties (unless specifically agreed otherwise) – unlike the potential publicity of court proceedings.
The mediation process is ‘without prejudice‘, so that on the rare occasion that a settlement is not reached litigation may continue without the parties needing to worry about having ‘given away’ anything that the other could use in court.
Australian Mediation is voluntary; any party may withdraw at any time.
The Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. The Mediator listens to everyone’s point of view, talks to the parties privately and together, guiding them towards a settlement.
Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties.
There are countless benefits of mediation.
HOW YOU CAN PREPARE FOR YOUR MEDIATION SESSION
You can improve the quality of your mediation by considering:
what issues are in dispute, including the facts and sources of conflict
what is important to you in any resolution of your dispute - the interests that you wish to preserve or pursue may be different to an outcome sought through a trial
how best to communicate this information, both to the mediator and the other party
what you would say at the start of the mediation, to assist in resolving the dispute
what the other party's aspirations might be and how these might be accommodated in any offer of settlement
possible contents of an offer and methods of communication
what costs have already been incurred, are likely to be incurred and what part of these might be recovered
the possible outcomes if the matter were to proceed to a trial, including the dollar value of any damages claimed and any limits on the Court to award these
IS MEDIATION BINDING?
Yes.
A signed settlement agreement is as enforceable as any other contractual agreement.
Some Family Law mediation agreements must be lodged with a court to be recognised.
DOES MEDIATION REPLACE THE NEED FOR A LAWYER?
No. Mediation is not a substitute for legal advice.
In most mediation situations, it is advisable that parties consult with a lawyer before and during the mediation process. It is also advisable that parties have a lawyer review any written agreement before it is signed.
CAN I OPT FOR MEDIATION INSTEAD OF COURT?
The litigating parties or the court, can agree to allow a mediation session to proceed if a court action is already in progress.
If the parities are able to settle the case through mediation the case can be dismissed.
WHAT IF WE DO NOT REACH AN AGREEMENT DURING MEDIATION?
The issues after a mediation session have become more defined and clearer, so as to allow the parties to focus on what is important without the peripheral distraction of side issues.
Usually, most issues are resolved through mediation, or at worst a majority of them, leaving the parties to pursue other remedies with their outstanding concerns.
WHETHER YOU ARE A BUSIENSS OWNER, AN EMPLOYER OR EMPLOYEE, IN GOVERNMENT OR IN AN INTERNATIONAL ORGANISATION - CONTACT ANDREA CONSULTS FOR PROFESSIONAL ACCREDITED EXPEREINCED MEDIATION SERVICES
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