What are the advantages of mediation?

When is mediation most effective?

• When maintaining a workable relationship is important and necessary to both parties
• Tensions, emotions and stress are affecting communication and/or the ability to maintain a workable relationship
• Parties have tried to resolve the problem and doubt they have the ability to work things out on their own
• Both parties enter into mediation voluntarily and agree to sign a confidentiality agreement
• One or both parties feel uncomfortable confronting the other without someone impartial present
• Both parties cannot avoid the conflict situation ie they work, study or live together
• Emotional elements complicate the problem eg anxiety, distress and anger
• As a result of the conflict, actions by parties are impacting others
• One or both parties wish to avoid formal proceedings
• When parties understand that mediation is not a mechanism for apportioning blame or dispensing disciplinary sanctions
• The two parties (or more) coming to mediation have the power to resolve the issues themselves without having to rely on a third party who lies outside their sphere of influence

What are the advantages of mediation?

• Reduces levels of stress around a difficult relationship
• Allows both parties to draw a line under their conflict and move on
• Both parties show a commitment to improve the situation just be agreeing to mediation
• Involves collaborative problem-solving and does not apportion blame
• Can resolve disputes at an early stage to avoid further stress and upset
• Can resolve disputes that may seem unresolvable, even those that have continued for a long time and are very complicated and entrenched
• Can be quickly organised, normally within 2 weeks of the parties agreeing to mediation, and is much faster than the more formal alternative
• A WIN:WIN outcome for both as that outcome is mutually agreed and therefore more likely to work
• An open and honest dialogue promotes improved communication and understanding and provides a future focussed resolution
• Only the Mediators and the parties to mediation themselves are involved in this process and no record of the proceedings are kept on any files anywhere

Mediation is a process by which a neutral third party called a mediator helps people in conflict negotiate a mutually acceptable agreement. The parties to the mediation control the outcome.

A mediator facilitates communication, promotes understanding, assists the parties to identify their needs and interests, and uses creative problem solving techniques to enable the parties to reach their own agreement.

Unlike court or arbitration, no one imposes a solution on a party. If all of the parties do not agree to the result, the dispute remains unresolved.

Mediation gives parties much more control over the way their dispute or difference is dealt with and over the outcome.

If negotiations have so far failed, mediation provides an alternative to pursuing litigation or other more formal processes. The scope for solutions is usually greater than the remedies available in courts and tribunals, or even in prolonged negotiation.

Australian Mediation – information & FAQs

Definition of Mediation

The AMA considers the term mediator to be inclusive of a broad range of conflict management and resolution endeavors. 

Activities such as conciliation, consulting, facilitation, consensus building, conducting public dialogues, system design, restorative justice initiatives, education and capacity building to mitigate or prevent disputes and conflict are all encompassed within a sweeping definition of mediator in the context of Alternative Dispute Resolution.

What are the advantages to Mediation?

• Affordable – Mediation costs considerably less than litigation.
• Efficient – The mediation process can usually settle a dispute within a few sessions. Most mediation’s conclude or settle within thirty days from initiating the process.
• Effective – Mediation statistically settles over 85% of initiated disputes.
• Informal -The process of Mediation is flexible and informal. It is not necessary to have an attorney represent you during the mediation process. However, some individuals feel more comfortable with attorney representation.
• Empowering – Disputing parties are directly engaged in the negotiation of their settlement. Parties also enhance the likelihood of continuing their relationships by utilizing mediation.
• Confidential – Information disclosed during mediation may not be divulged as evidence in any trial or judicial proceeding, except so far as required by law or with the consent of the parties.

The process of Mediation

The process of mediation is a guided negotiation, helping the parties to communicate with each other, exploring the issues which are of real importance to them, which often differ from their ‘rights’.

The parties are encouraged to find ways to address their present and future needs, rather than dwelling upon who may have been right or wrong in the past.

Parties in mediation avoid the uncertainty and dissatisfaction often experienced in court or at arbitration where they have little choice but to accept the judgment made, which none of them may be happy with.

Everything said at the mediation is entirely confidential to the parties (unless specifically agreed otherwise) – unlike the potential publicity of court proceedings.

The mediation process is ‘without prejudice‘, so that on the rare occasion that a settlement is not reached litigation may continue without the parties needing to worry about having ‘given away’ anything that the other could use in court.

Australian Mediation is voluntary; any party may withdraw at any time.

The Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings.  The Mediator listens to everyone’s point of view, talks to the parties privately and together, guiding them towards a settlement.

Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties.

There are countless benefits of mediation. Get in touch now to discuss your case, and the ways you can benefit by resolving it through mediation.

What is the Mediator’s role?

A mediator is an impartial third party who facilitates communication between or among two or more parties in dispute.

The mediator does not take sides or make decisions for the parties. The mediator helps to create a safe environment where the parties can discuss issues in an open and respectful manner.

The mediator helps the parties to explore and understand the issues in dispute, develop alternatives, make informed decisions and work toward reaching a practical and mutually-satisfying outcome.

What types of cases are suitable for Mediation?

Virtually any commercial and civil dispute is appropriate for mediation including:
Manufacturer – supplier disputes, commercial lease, franchise, workplace conflict, wrongful dismissal, professional negligence, construction, contract, estates, corporate commercial, environmental, real property, class actions, mass tort, business, civil, landlord/tenant,  real estate, employment, Insurance, personal injury and many others.

Will I need legal representation in Mediation?

Because mediation is a voluntary process legal representation is not necessary for most mediations.

However, some individuals feel more comfortable with a lawyer’s assistance. Some parties also have their lawyer review settlement agreements before they sign.

How long will Mediation take?

Mediation takes considerably less time than litigation.

However, this time varies depending on the complexity of the dispute and the amount of parties involved. The average mediation lasts only six hours, but can easily extend to several weeks due to the factors previously mentioned.

Should I use Mediation if I am already involved in a lawsuit?

The litigating parties or the court, can agree to allow a mediation session to proceed if a court action is already in progress.

If the parities are able to settle the case through mediation the case can be dismissed.

What are the chances that my case will settle in Mediation?

Statistically over 85% of cases settle during the mediation process.

Are Mediation settlements binding?

Yes. A signed settlement agreement is as enforceable as any other contractual agreement.

Some Family Law mediation agreements must be lodged with a court to be recognised.

Will I lose my chance to file a lawsuit if I participate in Mediation?

No. Mediation is a voluntary and confidential process.

If your mediation session does not result in a settlement and you have every right to pursue legal remedies through litigation.

Does Mediation replace the need for legal advice?

No. Mediation is not a substitute for legal advice.

In most mediation situations, it is advisable that parties consult with a lawyer before and during the mediation process. It is also advisable that parties have a lawyer review any written agreement before it is signed.

What happens if the parties don’t reach an agreement?

The issues after a mediation session have become more defined and clearer, so as to allow the parties to focus on what is important without the peripheral  distraction of side issues.

Usually, most issues are resolved through mediation, or at worst a majority of them, leaving the parties to pursue other remedies with their outstanding concerns.

Are Mediation services available by phone or over the internet?

Our dispute resolution services are flexible and responsive.

We have taken every step to ensure that your experience with our service is seamless and efficient. If you require teleconferencing, video-conferencing, or web-based capabilities we have the appropriate solutions to meet your needs.

Our extensive internal resources and strategic alliances are ready to provide you with excellent customer services.

What are the qualifications to be a Mediator?

The AMA only selects those Mediators who are recognized for their expertise and standing in the legal and mediation communities.

We only chose those professionals who maintain the highest degree of professionalism and integrity.

All of our mediators have extensive mediation training and exceed the mediation training requirements set forth by their local jurisdictions.

Our Services

A range of dispute resolution services is available to assist your unique business.

The AMA is committed to providing the best qualified mediators and Alternative Dispute Resolution (ADR) practitioners.

Whether it is getting both sides committed to the ADR process, or simply coordinating your case, we do the work for you. We facilitate getting the appropriate parties to the negotiation table.

Our family dispute resolution practitioners and mediators are trained ADR experts.

They work with all parties to ensure a positive experience before, during and after the ADR session.

Our expertise in dispute resolution services includes providing experienced ADR practitioners and process selection, coordinating date, time and location, and following up post-session on all cases.

We collaborate with some of the most prominent business and legal professionals in compiling our panel of ADR consultants.

Family Law Mediation

Workplace Mediation

Industry Schemes

Community Groups Facilitation

Commercial & Business Mediation

Restorative Practices & Real Justice

Indigenous Dispute Resolution

Governments

Wills & Estates

Our mediators are invited to join our panel because of their proven experience and success in the field of ADR and the law. They come to us with a wide range of expertise from which to choose.

Neutrality is one of the most important aspects of alternative dispute resolution. For this reason, all of the ADR Consultants are completely independent.

They are not involved with either the administration or management of the business.

This ensures that each case is managed and resolved with the highest level of confidentiality, integrity and professionalism.

We understand the demands on your time. Call today for a free dispute resolution consultation.

1300 MEDIATE (633 428)

Let us show you how easy it can be to get your case resolved through the Australian Mediation Association.

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