What is mediation?
Mediation is dispute resolution facilitated by an independent third party – mediation is assisted negotiation. The mediator’s role is to create an impartial space that allows for a constructive conversation between all parties involved. It is a confidential, voluntary and informal process that helps to avoid the costs of potential litigation and allows all involved parties to achieve a positive outcome. The involved parties are encouraged to develop positive and sustainable solutions to a conflict or disagreement.
BENEFITS OF MEDIATION
- Relatively fast, low cost and informal
- allows negotiation in a safe space
- has a future focus
- is a fair and balanced process empowering all parties involved
- potential for creative solutions
- leaves the decision about the outcome with the respective parties
- is confidential
- does not focus on blame but is solution focussed
How Does Mediation Work?
Prior to the mediation the mediator meets with each of the parties separately to discuss the details of the dispute and any questions each of the respective parties may have.
The mediation is held in a neutral venue that is convenient to all parties. The mediation starts with the mediator explaining the process and the rules of engagement for mediation. After this introduction the parties will have the opportunity to explain the issues from their perspective and together with the mediator the key issues are recognised and explored.
Separate conversations between the mediator and each of the parties allows for room to explore any issues which have not been mentioned previously and further exploration of options. Any conversations between the mediator and any of the parties are confidential (as far as the law allows). The process allows all parties involved to develop options and explore them in more detail. When the parties reach an agreement the terms are generally drafted into a legally binding agreement.
The role of the mediator
The mediator is an independent third party who facilitates dialogue between the involved parties. The skill of a good mediator depends on the ability to provide a space that allows each party to be comfortable and to be heard and for solutions to be explored. MediationSpace provides a nationally accredited mediator with over a decade of experience in assisting disputes to reach a resolution.
Potential areas of application for mediation
- Workplace disputes
- Commercial/Business disputes
- Residential disputes
- Debt disputes
- Relationship disputes
Cost of mediation
The cost is generally shared equally between the involved parties and includes the fee for the mediator plus room hire and any significant travel costs if required. Depending on the complexity of the issue the mediation can take between 4 hours up to several days. Every dispute is different and the estimated length of the mediation will be discussed in the pre-mediation briefing between mediator and any each involved party.
When is the right time for mediation?
If you feel issues between yourself and another party have reached a stalemate and might have the potential to escalate further, mediation could be a way to create a positive solution. If a dispute is serious mediation can avoid a further escalation of the issues and costs that may potentially be required if legal action becomes necessary.