Mediation, Mediator, Conflict Resolution

What is Mediation?

When there is a dispute or conflict between business partners, a lawsuit, a contract dispute, or a workplace dispute, it can be costly, destructive, stressful, and intimidating. Besides, it can get in the way of progress, effective communication, and growth. Therefore, any dispute needs to be resolved as quickly as possible.

Mediation, as one of the types of ADR (Alternative or Assisted Dispute Resolution), has become increasingly popular as a result of dissatisfaction with the cost, delays, length, and unknown outcome of the litigation. Mediation, however, is used for both legal and non-legal disputes.

Mediation is a voluntary, confidential, and non-binding process of reaching an agreement, conducted by a third party – Nationally Accredited Mediator by NMAS (National Mediation Accreditation Standards). Mediation is transparent, it has an end, it’s cost-effective, short, informal, flexible, and less stressful than litigation. Plus, it does not require legal representation. During the process, you remain in control of the outcome, and you have a higher chance of preserving your relationships with the other party.

Mediation Benefits

  1. Voluntary
  2. Confidential
  3. Non-binding
  4. It has an end!
  5. Transparent
  6. Cost-effective
  7. Short
  8. Informal
  9. Flexible
  10. Less stressful
  11. Legal representation is not required
  12. Mutual satisfaction

Voluntary

Mediation is a voluntary process so you’re in control of the outcome. You come at your own will, and you can terminate the process at any time.

Confidential

Everyone’s privacy is always respected, and communication is always privileged with mediation. All parties and mediator will sign a confidentiality agreement meaning that information will remain confidential between participants.

Non-binding

An expensive day in court may result in a binding agreement that you have no choice but to follow. Mediation gives you the control you need because it’s up to you and the other party to follow through on any agreements reached. The agreements are not enforced by a mediator either, whether it is workplace conflict resolution, business conflict resolution or any other type of conflict resolution.

It has an end!

With litigation, there is no end in sight! It’s impossible to predict the outcome in court. Even if you win, the other party could appeal again, like for example, Australia’s most expensive divorce that cost a whopping $40 million in legal fees and lasted for 14 years.

With mediation, you see clear progress. Most often this results in finding a solution or partial solution. Worst-case scenario? You don’t settle in mediation, but you find roadblocks that you didn’t know where there. You gain a refined clarity of the issues, and your trial preparations are now streamlined, once again saving you money on litigation costs.

Transparent

Unlike appearing before a judge, mediation is in your hands. With mediation, you know exactly what’s going on. You get to choose your mediator but you don’t choose your judge. You know what you are paying and how long mediation lasts, so there are no hidden charges.

Cost-effective

Litigation is expensive, losing a skilled employee is expensive, failed business partnership is expensive…

One day in court will cost you $50,000 – $300,000 plus the legal cost of preparing the case beforehand. Even if you win, you many not win financially. With mediation, you share the cost with the other party, which is a fraction of what you would pay for litigation.

Short

Court cases can take months! I’m sure you don’t have that kind of time to waste. Luckily, mediation is usually completed in just one day or half a day, depending on the debth of the conflict.

Within an organisation, you may have had a conflict between employees developing for a very long time. This conflict can be fixed quickly so that people can go back to work and leave it all behind them.

Informal

Rules of evidence do not apply to mediation so you can discuss your case informally. You can address any issues you have and you are not restricted to matters related to your legal obligations. You will decide how you want to settle and on what terms, so you have full control of the outcome.

Flexible

You get to choose mediation methods that work for you and we can adjust the mediation process to suit your needs.

Less stressful

The mediation process is less stressful and less intimidating than a court appearance. Litigation is also an uncertain process with an uncertain outcome which creates a lot of stress. With mediation, you know what to expect.

Legal representation is not required

Your solicitor can be present during mediation, but it is not necessary as the agreements reached will be non-binding. If you prefer your solicitor’s presence, please keep in mind that you will be paying legal fees in addition to mediation fees.

Mutual satisfaction

Mediation provides a forum for you and other participants to achieve acceptable results and mutual satisfaction.

The mediation process can be very empowering, and once you find a solution that helps you move forward, there is a high chance that you and the other participants will put the dispute behind you and preserve your relationships.

You will also have some understanding of how to handle future conflicts should they arise.