About Mediation

About Mediation

DISCOVERING SOLUTIONS THROUGH MEDIATION

Dispute Mediations is based in Brisbane and extends mediation services for clients on the Gold Coast, Sunshine Coast and across Australia.

WHAT IS MEDIATION?

Alternative dispute mediation is where an unbiased mediator facilitates a process that allows two parties to decide the issues between themselves. This is done by identifying the issues, exploring options, considering alternatives and transforming them into problem-solving opportunities. The parties may reach an agreement about some issues or the whole dispute.


Mediation often becomes a compulsory part of the judicial process where the courts are now regularly directing that mediation is undertaken before setting a court date. However, any party can instigate a mediation without a court directive or other potentially costly legal involvement. 


Mediation Services
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    Mediation typically occurs in a meeting room, but mediations can and do take place in paddocks, on properties, in boardrooms, or by video conference from any location and with any number of individuals, groups, businesses or parties. Often mediation is conducted just between the parties, but mediations can also take place with legal representation or support in attendance, though they are not involved with the mediation.


    Skilled third-party mediators can lower the emotional temperature in a negotiation, foster more effective communication, help uncover less obvious interests, offer face-saving possibilities for movement, and provide an opportunity for parties to have a say, consider options and negotiate outcomes. 


    A mediator uses the knowledge, skills and ethical principles according to the NMAS (National Mediator Accreditation System) to assist participants to make their own decisions in relation to disputes, conflicts or differences among them. 


    The mediation process is effective and able to facilitate parties to acknowledge each other’s interests and find or negotiate solutions that they determine is their future. Any agreement between the parties is in good faith. 

WHY MEDIATE?

Recent research confirms that Mediation has been highly successful in resolving over 80% of cases - this is because it can save time and money while empowering parties to resolve conflicts in a more enduring way. Here are some of the main reasons why mediation can help resolve disputes:

Less costly than legal and court

  • Mediation has proven to be the cost-effective alternative to surrendering to an adjudicator the right to determine the outcome of the dispute at hand.
  • Timely process with little waiting time.

Avoids destructive escalation

  • The mediation process can avoid destructive escalation and lost opportunities to find solutions that are better for both sides, which they agree is better than the alternative.
  • Provides a platform where parties can see things from both perspectives.

Empowering process for the parties

  • Mediation creates an empowering process allowing parties to resolve conflicts in a more enduring way.
  • Mediation creates an atmosphere in which parties gain understanding, begin to be understood, and ultimately work together to explore options for resolution.

The parties own the outcome

  • The mediator owns the process whilst the parties, by resolving disputes in mediation, own the outcome. This is because they determine for themselves what is important and, with professional support, the best outcomes.

Mediation venues are flexible

  • Mediation can come to you in regional areas if unable to attend our offices.
  • Mediation can be conducted online if necessary.

More people should know that if they had a mediator with trained skills, parties will most of the time get to an agreement they can live with in a short and less stressful timeframe.

THE MEDIATION METHOD

Research shows that the majority of solutions-focused, facilitative mediations result in a resolution that both parties can live with which is better than the alternative. 

The methodology of facilitative mediation is this: the mediator owns the process whilst the parties own the solution or the outcome. The mediator is unbiased and will not give legal or other advice, provide suggestions or take sides. The mediator uses their trained skills to manage the rigid process and rules which the parties abide by in good faith. 

  • WHAT HAPPENS IN THE MEDITATION?

    The mediator is unbiased and will not give legal advice, suggestions, or take sides. The mediator does not provide the solution – the parties do. 

    The mediator uses their trained skills to manage a proven process and rules which enables the parties to hear each other and more effectively negotiate towards an outcome which the parties, in good faith abide by. 


    Here is a summary of what happens in the mediation session. 


    1. Introduction – the parties are invited into the mediation room and sit at a table offset but facing each other, attend the online conference or meet at the arranged venue. No phones are allowed. (NOTE: There will a break of 15 mins approximately halfway through the mediation session at the private sessions stage.)
    2. Statements – each party will give statements without interruption and the mediator will write these down. The mediator will confirm facts and concerns as listed in the statements so that each party are satisfied the issues are on the table that concern them.
    3. Agenda – the mediator will confirm what each party agrees to as an agenda based on key points they raised when giving their statements – this will be written up or displayed on a whiteboard.
    4. Exploration – at this stage, each party will be guided to communicate with each other, addressing each topic on the agenda until they are both satisfied with their interests being represented. The goal is to work towards or identify what is common ground, and the mediator will assist in managing the constructiveness of the communication and adherence to the rules. The whiteboard will be used to record the discussion points and the progress as a reference throughout the mediation.
    5. Private sessions – this is a confidential session where the mediator interviews each party individually and confidentially. This will allow the parties to assess what they know and feel so far, and is an opportunity for each party to consider their ideas for potential options which they may decide to offer, or not towards a solution in the next phase of the mediation. (during this time each party will have a 15-minute break.)
    6. Option generation – both parties are brought back together after the private sessions and will commence to generate multiple options to put on the table to move forward e.g. they will communicate with each other a range of options that can be discussed towards a possible solution
    7. Negotiation – the mediator will assist parties to negotiate a way forward between themselves as they go through a process of eliminating or retaining the options and shape which ones and if so, how they might work for them in an agreement
    8. Agreement – if an agreement can be reached between the two parties, the mediator will facilitate the parties capturing this agreement and its details either verbally or in writing which they will commit to follow
    9. Close - the session is then closed agreement reached or not 
    10. Follow up – the parties will be followed up with a phone call each to see how they progressed and if they wish to participate in a future mediation

    About the Agreement - Any Agreement is not legally binding and is made in good faith, however it can be made enforceable by including a statement saying that you want it to be legally binding. It could be taken to a solicitor if desired and if signed it can be used in a court situation at a later date if such case should eventuate.

    Terminating a mediation - At any time the mediator believes there is no commitment and a serious breakdown to the process and rules from any party after due warning, or that there is a threat of danger to any party or the mediator, the mediation will be terminated.

Mediation begins in the ‘past’ ends in the ‘future’

" Rather than dwelling on the conflict, solution-focused mediation asks: What would you prefer instead of conflict? The focus is on the desired outcome: the future with a difference. Clients are considered capable of formulating their own goal and or devising solutions ".



F.P. Bannink

FAQs

  • Who uses us?

    We are engaged by lawyers for their clients, landords to solve lease disputes and by everyday people from all walks of life – tradespeople, business owners, farmers, doctors, lawyers, employees, parents, teachers, organizations, boards and institutions – to name a few.

  • Do you mediate leasing related issues?

    Yes we do provide mediation for landlord and tennat issues and for both residential, and commercial issues. 


    On 7 April 2020 the Federal Government introduced the Covid-19 Mandatory Code of Conduct which applies to commercial leases of certain eligible small to medium enterprise (SME) tenants.  It does not apply for residential leases.


    Where landlords and tenants cannot reach agreement on leasing arrangements, either the landlord or tenant may refer the matter for dispute resolution.


    Mediation may be successful for those who wish in good faith to negotiate a pragmatic arrangement without incurring expensive legal pathways. 


      

  • Who can apply for mediation?

    Before you apply for mediation, you should be willing to meet with the other party to resolve the dispute. You cannot apply if your dispute relates to criminal charges currently before the court.


    If there is a domestic violence order or peace and good behaviour order in place, the order may prevent you from meeting with the other person. You may still be able to take part in mediation, but we will need to see a copy of the order to assess whether the mediation can go ahead. You can attach it to this application, or send it to us later.

  • What are the benefits?

    Mediation provides the chance that everyday people, in everyday situations will resolve conflict and move on with minimal financial and emotional pain.  There are many other benefits which are listed on our ABOUT MEDIATION page. 

  • Mediation and the law

    Mediation is not a legal process. Our mediators can't give legal advice, decide who is right or wrong or force people to reach an agreement.


    If you have any questions about your legal rights and responsibilities, you should get legal advice before attending a mediation session.


    If you are involved in a legal process with the person you are in dispute with, your matter may not be suitable for mediation. After you apply, we will contact you to discuss your dispute in more detail before making an assessment.

  • Mediation agreements

    Usually, an agreement reached in mediation is not legally binding, but it can be made enforceable by including a statement saying that you want it to be legally binding. If an agreement is made legally binding, only the agreement itself can later be used as evidence.

  • How long does mediation take?

    Most conflicts can be resolved in one x 4 hour mediation session. However, some disputes require a whole day or several sessions.

  • Can I have a support person or lawyer in the mediation with me?

    Most mediations go ahead without either party having a support person.  A support person may just be there and not attend the meeting. They may just be there for a while.  A support person would usually not participate with input. In some cases they may be able to participate input. 


    If you need a support person, discuss with the Mediator prior.   


    A support person must not have been involved in the dispute in any way. The other people in the mediation must agree to the support person attending. Mediators can also exclude a support person if their presence is unhelpful to the process of  the mediation. 

  • Are the mediators lawyers?

    Mediators are all professionals from various industries and backgrounds. Mediators may be specialists in various fields and include lawyers, teachers, HRM managers, psychologists, business managers, building managers, pastors etc. 


    Mediation is conducted by trained mediators accredited by various bodies under the National Mediator Accreditation System. All mediators must by law be registered and in a Mediator professional association and maintain rigid standards and upgrading of skills on a continuous basis.

  • Do mediators take a side?

    Mediators are unbiased facilitators. They do not take sides, have any interests in either party, do not offer solutions or suggestions and do not give legal or other advice. They are trained to follow a proven process which enables each party to move beyond just their positions, but to their core interests, to explore options and potentially negotiate an agreement to resolve their dispute in a way that both parties can live with which is better than the alternative. It is best described as the mediator owns the process whilst the parties own the solution.

  • What is the 'Intake' interview?

    All parties must participate in the intake interview session for a mediation session to take place. This is where information is gathered about each person and the issues that need resolving.


    During the interview you will learn about mediation and the process. It is an opportunity to have any questions answered about aspects of mediation.  The intake interview is about identifying the situation, the suitability of mediation and preparing your for mediation.


    The intake interview takes approximately 60 mins. Some intake interviews reveal that mediation may not be appropriate for certain situations. 


    Mediators do not take sides, give advice or make suggestions. 

  • Is everything confidential?

    All information is confidential in mediation. No data or records are shared with any third party.

Dispute Mediations Helps You Decide The Issues Worth Mediating. Call us today on 1300 315 300 or 0407 755 222

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