A court decision can be legally binding. As a result, unpopular decisions can make the parties feel angry, frustrated and unwilling to accept the decision imposed upon them. It is therefore not unusual for orders to be opposed; a situation which inevitably leads to more stress and cost for everyone involved.
The adversarial nature of litigation tends to result in one winner and one loser. It is not uncommon for both parties to feel like losers and not get what they want. Mediation helps all parties get what they want by identifying their needs and interests and reaching an agreement that takes these important factors into account.
Mediation is a non-adversarial. Through facilitation of the mediation process, the mediator assists the parties to work together to craft an agreement that is in their best interests and satisfies both their needs.
Because the mediator controls the process, there is no risk that a judge will impose an inappropriate order on the parties.
Mediation is much less costly than litigation and generally much quicker to effect.
The mediation process is confidential with any records taken during the process destroyed at the end.
Being neutral and impartial, the mediator has nothing to gain from the outcome of the mediation, irrespective of whether or not agreement is reached.
Mediation agreements are generally more robust and enduring than imposed court orders because the parties have worked together and decided on an outcome that suits their interests.
Being non-adversarial, mediation process is far less stressful than court proceedings.
Disputants are able to resolve their differences quickly by often participating in only one or two mediation sessions.
2. How long does a typical mediation take?
The time required for mediation depends largely on the number and complexity of the issues, the parties' willingness to communicate respectfully with each other and their ability to negotiate.
A typical mediation will involve a pre-mediation meeting with each party of 1- 2hrs duration followed by one mediation session that generally takes about 4 hours. Complex matters may require another one or two sessions.
3. Who makes the decisions?
The disputants make the decisions through a process facilitated by the mediator. The mediator assists the parties to generate as many options as possible before deciding what will satisfy them both. Agreements are reached only after the parties have explored the issues thoroughly and negotiated an outcome that is acceptable to both sides.
4. Is the mediator qualified?
Yes. At Biginell and Associates all our mediators are registered and recognized as experienced, qualified practitioners under the National Mediator Accreditation Standards. They are required to attend regular professional development courses and seminars to ensure that these skills and competencies are updated and maintained.
5. Will the mediator give advice throughout the mediation process?
Mediators are not allowed to give advice. We advise that you seek appropriate legal and/or other advice if you need it before participating in mediation.
6. What if I am not comfortable being in the same room as the other person?
In this situation, a shuttle mediation will be arranged whereby each party is in a separate room and the mediator moves back and forth between the parties.
7. Can every dispute be resolved using mediation?
No. Ideally, mediation works well when both parties are willing to try and resolve their differences. Notwithstanding, abuse, the threat or presence of violence, mental illness, alcohol addiction or the lack of goodwill by one of the parties to participate can reduce the ability to negotiate. In these cases, mediation is usually unable to proceed.
Some disputes are more suitable to a public hearing in the court, rather than be conducted in the confidential setting of a mediation. However, time, cost and the possibility that one or both of the parties will not achieve an acceptable outcome are all factors that need to be considered when choosing this path.
8. How much does mediation cost and who pays?
The fee for mediation is calculated at an hourly rate and, depending on the type of dispute, is paid for by the organization or the parties. For instance, for a dispute involving employees in the workplace, the employer will normally pay the fee. Conversely, the fee for disputes not involving employees working for the same employer, such as family disputes, would normally be shared evenly between the parties. As this is only a guide, please ask us for more details.
