About Mediation

What is Mediation? Mediation is a process by which a neutral third party (the mediator) helps people in conflict to negotiate a mutually acceptable agreement. The parties to the mediation control the outcome. [more..] 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. 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. Close (X)

What are the Advantages of Mediation? Affordable - the cost of Mediation is considerably less than litigation. A 2-3 hour session with a trained mediator is generally less than the standard interview with a lawyer. [more..] Efficient - The mediation process can usually settle a dispute within a few sessions. Most mediations conclude or settle within thirty days from initiating the process. Effective - Mediation statistically settles over 85% of initiated disputes and differences. Informal -The process of Mediation is flexible and informal. It is not necessary to have a lawyer represent you during the mediation process. Empowering - Disputing parties are directly engaged in the negotiation of their settlement. Parties are able to protect their integrity by being a part of a process of resolution. Confidential - Information disclosed during mediation may not be given as evidence in any trial or judicial proceeding. Close (X)

Why choose mediation? By mediating your disputes, you are able to maintain complete control over decision-making and can then make informed decisions about the issues affecting your life. [more..] People are more often satisfied with the process and outcome of mediation rather than the stress of going to court. This is because the mediator helps people in conflict to focus on the specific issues relevant to their personal situation. It is also because of the time and cost involved in going to court. Most parties generally want to do the right thing, especially when children are involved. Mediation allows parties to not get boxed into situations they can't get out of without losing face. Mediation allows peoples' integrity and sense of self to be the best they can be by ensuring the tone and safety of the issues are managed and controlled with dignity. A neutral mediator assists the negotiations - ensuring that information is gathered and shared, that interests are stated, and that goals are achieved. Decisions are never imposed, but rather developed and ultimately made by the parties themselves. People participating in the resolution of their own conflicts, is not only empowering but also increases the likelihood of compliance in the long term. Close (X)

How Mediation Works Couples or the parties meet together in approximately 2 - 4 hour sessions with an experienced, trained Mediator. [more..] The number of sessions necessary to reach a settlement varies, depending on the complexity of the issues presented and the level of communication between the couple. The average session takes around 2-4 hours. It is important to follow the process that is set down for a successful mediation. The process is outlined by the mediator, depending on the dispute and after it has been screened. Mediation is a completely voluntary process and may be ended at any time by either participant. Mediators have undergone specific training to effectively facilitate negotiations. Close (X)

Obtaining the s60I certificate What if no agreement is reached? Even if you cannot reach agreement, family dispute resolution may help you to communicate better and better manage areas where you disagree. [more..] If you try family dispute resolution but still need to go to court for a parenting order, you will need a certificate from a registered family dispute resolution provider. The certificate will say one of the following: the other party did not attend you and the other party attended and made a genuine effort to resolve the dispute you and the other party attended but one or both of you did not make a genuine effort to resolve it (eg by refusing to participate), or the family dispute resolution provider decided that your case was not appropriate for family dispute resolution. What if I do not attend or make a genuine effort? If family dispute resolution is required in your case but: you do not attend, or you do not make a genuine effort to resolve the dispute the court may: take this into account in deciding costs (you could be ordered to pay some or all of the other party's legal costs), and/or order you and the other party to attend family dispute resolution. Close (X)