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ABOUT MEDIATION

 

WHAT IS MEDIATION?

Mediation is a structured negotiation process in which independent mediators, assist 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 upon the parties.
We view mediation as an opportunity to have a discussion that you otherwise haven't been able to have. We assist you in having that discussion, which in our experience, can lead to considered and workable outcomes.

WHY MEDIATION?

  1. Control. Mediation increases the control the parties have over the outcome. All relevant parties are involved in negotiating their agreement and no decision can be imposed upon any party. In comparison, in Court the parties are delivered a Judgement, which they may not be happy with. 

  2. Faster outcome. At any time during a dispute process, Mediation can be utilised as a timely approach to narrowing issues in an attempt to resolve the matter. The Mediation process is significantly shorter than the time it would take to go to Court to obtain a final Judgement.

  3. Reduced Costs. The cost is greatly reduced in comparison with trying to settle a matter through Court intervention. Litigation is very expensive and the total cost is highly unpredictable.  

  4. It's confidential. Everything said at the mediation is confidential to the parties (unless specifically agreed otherwise or exceptions arise). This gives parties to a dispute the opportunity to have an open and frank discussion without the fear of their words being used against them in a Court environment.

  5. It's voluntary. Mediation is not compulsory, it is a voluntary process and any party may withdraw at any time.   

  6. Support. Mediators are trained and experienced in working with difficult situations and subject matters. The mediator acts as a neutral facilitator and supports both parties through the process, whilst remaining impartial and not taking sides.

  7. Preservation of Relationships. Whether this may be a business or family dispute, preservation of relationships can be a key benefit of mediation. 

WHAT IF I AM NOT HAPPY WITH THE OUTCOME OF MY DISPUTE?

In mediation, you are in control of the outcome that you reach.
Part of our role as mediators is to assess suitability, as there are occasions where mediation may not be the best fit for your circumstances. 
If you need to access the Court process we can refer you to specialists who work in that field.
If your dispute is a parenting matter we are qualified and able to issue you with the necessary certificate to enable you to commence Court proceedings (subject to assessment).

WHAT IF EVERYONE CAN'T TRAVEL AND BE AT THE MEDIATION?

Mediation People are experienced in conducting mediations with parties on various platforms, whether by way of video link, telephone or in person.
Whilst it is preferable for the mediation session to be face to face, it is not unusual for mediations to be conducted via electronic means if necessary.
This is something that we will discuss with you and work toward the best option for your circumstances.