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.
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.
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.
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.
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.
Statistically over 85% of cases settle during the mediation process.
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.
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.
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.
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.
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.
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.
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.
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. Alternative dispute resolution (ADR) processes are increasingly being used in a number of areas of the law to help resolve disputes. These are sometimes referred to as primary dispute resolution processes since they may be used before the parties opt to take the matter to court. Alternative dispute resolution involves the use of an impartial third party to help the people in dispute come to an agreed resolution. ADR can involve a range of mechanisms for resolving disputes, including mediation, conciliation and some forms of arbitration. Depending on the type of legal problem, your lawyer may suggest alternative dispute resolution as an avenue for resolving your problem without the need to go to court. Alternative dispute resolution processes are used in a wide range of areas of the law, including disputes in relation to neighbourhood issues, family law, commercial and industrial relations. They are also used in tribunals and some courts. ADR is considered to have the advantage of being faster, cheaper and more informal than traditional court-based action. However, certain types of disputes are not suited to mediation, including situations where there is a fear of violence, there is a significant ‘public interest’ at stake, a party is constrained in being able to reach a compromise or lacks the power or ability to negotiate on their own behalf. MediationIn mediation, a neutral third person assists the parties in dispute to reach a resolution between themselves. The mediator does not determine liability and cannot award financial costs or penalties. Mediators do not give advice or make suggestions for resolution. It is increasingly common for there to be two mediators, called co-mediators. Mediation is often seen to be a suitable dispute resolution process in situations where there is an ongoing relationship between the parties, as a way of avoiding the type of damage which can be caused by the adversarial court system. Mediation is used for disputes between family members or neighbours. Mediation may be ordered by a court for an attempt at a fast and less costly resolution to a dispute. Such mediation is compulsory in family law matters. Mediation is also used by the Office of the Legal Services Commissioner in some disputes between lawyers and clients. Conciliation and arbitrationIn conciliation, a neutral third person assists the parties in dispute to come to a resolution by suggesting the terms of an agreement. It involves a much more active role for the third party than mediation, because they may offer an opinion on the situation. Conciliation can be useful when one party to a dispute is unwilling to engage in mediation. Some agencies, for example the Anti-Discrimination Board, use conciliation because they have the responsibility to ensure that any agreement which is reached is not itself discriminatory. In some situations, conciliation is compulsory, for example in industrial disputes. In arbitration, an independent third person makes a decision about a dispute between two parties which they are bound to observe. Arbitration is the most formal of the alternative dispute resolution processes. Arbitration is a non-judicial process in which the arbitrator determines what rights and obligations each party should have. It is different to adjudication, which is a court process concerned with determining existing legal rights and responsibilities. Arbitration is commonly used in the commercial and industrial arenas. Community justice centresCommunity Justice Centres (CJCs), established under the Community Justice Centres Act 1983 (NSW), provide free, impartial and confidential mediation facilities across NSW for disputes concerning neighbourhood, family, community and interpersonal conflict. |
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