WHAT DISPUTES ARE SUITABLE FOR MEDIATION?
Many disputes across a broad range of subject matters are suitable formediation as long as both parties genuinely want to resolve the dispute and are able to understand and participate in the process. We can help you to resolve disputes in many areas including:
- Sporting clubs
- Succession planning
Mediation is a structured and confidential negotiation process in which an independent person, known as a mediator, assists two or more parties to identify and assess options and reach an agreement to resolve their dispute. Mediation is an alternative to a judge imposing a decision on the parties.
WHY CHOOSE MEDIATION?
There are many reasons why mediation is a preferred method of dispute resolution, however some of the main reasons are:
- Low Cost – mediation is very affordable and the cost is shared between the parties. It is invariably far less costly than going to court or a tribunal;
- Speed – it is normally the case that a mediation can be undertaken and resolved quickly rather than waiting for the procedures and delays that necessarily accompany court proceedings;
- Less stress – the mediation process is flexible, relatively informal and empowering. Also, the parties are in control of the outcome and can avoid the level of stress that accompanies protracted and expensive litigation;
- More effective – we find that most of the disputes that we mediate at Mediation Minds reach an agreed resolution (in excess of 80%);
- Ownership/ empowerment – the parties determine the outcome. It is voluntary and you do not have to agree to anything you don’t wish to. The process allows you to explore many possible solutions in a safe and facilitative environment without being limited to considering only strictly relevant “evidence” and a narrow range of possible “court outcomes”;
- Focused attention – mediation provides a solution that doesn’t take you away from your business or commitments for long and often resolves with only one session; and
- Confidential – mediation is a confidential process.
WHAT IS THE ROLE OF THE MEDIATOR?
The mediator is there as an independent and objective facilitator to assist the parties to resolve the dispute. The mediator provides a safe environment and a structured process to identify and work through the issues and develop possible solutions. The mediator:
- Assists the parties to communicate with each other in a safe, informal and flexible environment;
- Is impartial and does not take sides;
- Does not make a decision for the parties; and
- Does not give legal financial or other advice but does assist in identifying areas of risk.