What is Mediation?
Mediation is not a new process. It is however being accessed an utilised by more people every day.
In short, it is a form of alternative dispute resolution which doesn’t require any party to commence legal proceedings and is independent of the court system.
The Mediator is not a judge and therefore is not there to judge you or any other person involved in the dispute. Rather the Mediator’s role is to guide and facilitate constructive discussions and exchange of information between the parties.
Scheduled for a set time frame and a set price *where applicable, all parties participate in an intake or preliminary assessment separate to the other party first so that the process can be explained and understood.
Mediation is a viable option for a range of disputes and can include;
- Property Settlement/division of assets;
- Partnership disputes for commercial/business relationships and
- Various other disputes.
Family Dispute Resolution also known as Family Mediation is a specialist form of mediation for Family Law disputes relating to children, property settlements, divorce and child support.
Typically, a mediator assists both parties to work together to reach a shared agreement. Unlike the legal process, a final decision is not made by a Magistrate. If the parties do not agree on a resolution, then the dispute remains.
A session is then scheduled at an agreed date and time. A mediation session generally takes between two to three hours. With many cases, a resolution can be reached after one session. Multiple sessions are sometimes required for more complicated matters.
First and foremost, all parties are assessed on their suitability to use this process. If suitable, both parties attend their own appointment for intake prior to any joint meeting with the other party. Both parties complete their own individual sessions before proceeding to the mediation.
The mediation will be set for a specific date and time and all parties are required to attend accordingly.
At this session, the mediator will assist both parties to identify their key issues, what resolutions may or may not work and facilitate discussion toward a final solution that is agreed to by both parties.
This process is designed for and to be used by the parties. It is not for the mediator to ‘’get a result’’.
Sometimes mediation takes a few sessions and sometimes it just doesn’t work out.
Even if a final agreement is not reached between the parties, mediation is always beneficial even if the end result is clear identification of the issues between the parties.
Please telephone 9581 1181 to make an appointment.