Mediation is a process, where the parties, their lawyers and a mediator hired to assist, work together to resolve the issues they have together. This is valuable, where negotiation is not working, and the parties want to avoid the costs (emotional and financial) involved in litigation.
Mediations can take a part or a whole day, or can be completed in stages, depending on the dispute. They are speedy, in that it is much quicker to book a mediator’s time, than to be scheduled for a Court hearing. Courts have limited Judge time and Court rooms, so that time is harder to get. The mediator will meet / speak with you prior to mediation.
The mediator is neutral, and does not take sides. They are there to assist you to reach a decision, which will inevitably involve compromise.
Strict “good behaviour rules” are followed in mediation, and no abuse is permitted.
Mediators will not impose a decision on you. The decision is determined by you.
Mediation is a private process, being completely privileged. This means “what’s said in mediation, stays in mediation”. The lawyers cannot use it in any other forum. That confidentially helps generate creative and honest settlement options.
Mediations can occur at any stage of dispute, even after matters have gone to court. Mediation is a process which is kinder than litigation, in that the parties are the focus.
Lawyers are there as support persons – to ensure that their clients legal rights and entitlements are preserved as part of the process. There is no cross examination, and the parties mostly do the talking.
In some circumstances, mediation can be “transformative”. Not only is the dispute ended, but relationships between warring parties can improve dramatically, due to the humane focus of the process.
If a decision is reached, a contract will be signed by the parties and their lawyers, recording the outcome. In the Terms of Engagement section, you will see two mediation contracts. One, for 'FDR Mediation. The other, for privately instructed mediation.
I am a qualified mediator and able to be instructed in your dispute. My mediation expertise is in the jurisdiction of the Family Court, including:
- child disputes;
- guardianship disputes;
- Relationship Property;
- Spousal Maintenance;
- disputes on the disability or death of loved one
- EG: Enduring Powers of Attorney disputes/incapacity in general, family protection and testamentary promises.
If I am your legal advisor, I will attend the mediation with you providing ongoing legal and strategic advice. I will fully brief you prior to the mediation also.