Mediation

WHAT IS MEDIATION?


Mediation is different from other ways to resolve disputes. People who cannot agree, are assisted by an unbiased, neutral third party (mediator) to:

  • Identify the disputed issues
  • Develop options
  • Consider alternatives
  • Endeavour to reach an agreement

WHAT IS THE MEDIATOR’S ROLE?

A mediator will not decide or determine any issue between the stakeholders. Instead, the mediator manages the process so you can make your own decisions.


Get in Touch!

Tel: (08) 9721 4977
Email: chrisphillips@95beachrd.com.au
Website: mediationsouthwest.com.au

95 Beach Road,
Bunbury,
Western Australia 6230

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HOW TO START THE PROCESS

Some mediations, where litigation of commercial issues has begun, will require a joint pre-mediation session with all stake holders: often this includes lawyers.

Other mediations involving personal conflict will require the mediator to have separate pre-mediation sessions with each person involved.

In situations where there is no conflict, but complex issues require a neutral mediator, a pre-mediation session may not be necessary.

Please telephone Mediation South West to clarify the appropriate procedure for your issues.

 

WHAT KIND OF DISPUTES CAN BE MEDIATED?

Differences and disputes include:

• Family
• Industrial
• Commercial
• Environmental
• Political
• Cultural
• Religious
• Educational
• Sport
• Neighbourhood

Mediation usually succeeds provided the stakeholders are willing to participate. Disputes can involve differences in needs and values, in personality, communication and language styles, in knowledge base, and other things that a court would not address.

ARE SOME ISSUES UNSUITABLE FOR MEDIATION?

Yes. Mediation is unsuitable if a stakeholder is:

  • Likely to be violent;
  • Mentally unbalanced;
  • Clearly being dishonest;
  • Without authority to make a decision;
  • Likely to be overborne in any event by outside pressure;
  • Likely to refuse to negotiate or will only blame, criticize and judge;
  • Holding objectives or values that are totally incompatible with other stakeholder(s).

Some disputes are also more suited to arbitration. This is where an arbitrator examines evidence and submissions and then makes decisions, which are final and binding. For more information about whether arbitration would be more suitable than mediation, contact Mediation South West.

WHAT HAPPENS AT A PRE-MEDIATION CONFERENCE?

Items to be discussed are put on an agenda. For example:

  • Broad description of issues to be resolved;
  • Is the matter suitable for mediation?
  • Are there any obstacles to prevent mediation?
  • If legal issues are important, discuss whether solicitors and/or counsel should be present;
  • Do the stakeholders choose the standard mediation process or variations, and who will be present;
  • The rules of courtesy;
  • Confidentiality requirements;
  • Mediation costs and payment arrangements
  • The arrangements for mediation including venue, date(s), time, and estimated hours
  • Advantages of knowing the best and worst alternative options to the negotiated agreement;
  • Do documents need to be served: if so, which documents, where and when?
  • Signing a mediation agreement where appropriate;
  • Confirmation advice to stakeholders setting out the agreed arrangements; and
  • Any other issues important to stakeholders.

HOW CAN MEDIATION HELP RESOLVE DIFFERENCES?

Mediation can help you to:

  • Be in control of the problem being resolved
  • Be aware of each other’s interests
  • Decide on a process and parameters that are suited to your needs
  • Navigate through a problem together to achieve a result
  • Build or re-build relationships;
  • Discuss creative ways to resolve the dispute
  • Focus on the future

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