Mediation
Mediation
What is mediation?
Mediation is a form of dispute resolution where a neutral third party (Mediator) assists and facilitates two or more parties to:
- Identify and discuss issues in dispute
- Express their interests, needs, and priorities
- Listen to the other party’s perspective
- Find common ground
- Explore options for resolution
- Agree on outcomes
It is a confidential process providing an opportunity for each party to express their position openly, feel heard, and validated. This enables each party to consider the other’s perspective in the context of the broader dispute. The parties may then find common ground and agree on a way forward.
Role of the Mediator
The Mediator has a neutral and facilitative role, to guide parties through each stage of mediation. Mediators use key skills including listening, summarising, reframing statements, and open questioning techniques to assist parties towards a resolution.
Types of disputes suited to mediation
- Neighbourhood disputes e.g. fencing, noise, trees, animals, pollution
- Estate disputes between family members
- Commercial disputes e.g. leases, strata disputes, small business disputes, partnership disputes
- Building disputes
- Workplace conflicts
Benefits of Mediation
1. Facilitative and neutral approach.
2. Confidential.
3. Allows each party to express their position and listen to the other’s perspective.
4. Assists parties to move from confrontation to exploration, option generation, and resolution. The dispute becomes humane.
5. May save the parties from the financial and personal costs of Court proceedings.
6. Parties are in control of the outcome, rather than the legal system.
Disadvantages of Mediation
1. Enforcement of a mediation settlement may be difficult if not properly documented in a deed of settlement.
2. Not all disputes are suitable to mediation (see below).
When is a dispute not suitable to mediate?
- Disputes with safety or abuse risks e.g. domestic violence.
- Disputes with significant power imbalances between parties.
- Disputes where there is party incapacity through mental illness, substance abuse, or severe trauma.
- Where a party or parties are acting in bad faith e.g. failure to disclose financial information.
- Where there are involuntary parties who refuse to engage or participate.
Mediation Process
The steps of the mediation process are:
1. Mediator’s opening statement: overview of the mediation process, guidelines, and confidentiality.
2. Parties opening statement – each party outlines their position and what they would like to achieve from mediation.
3. Common ground – the mediator identifies issues in common.
4. Exploration – the parties discuss dispute issues with each other.
5. Private Sessions – the Mediator speaks with each party privately to check how they are feeling and discuss any points they could not raise in the joint session.
6. Option Generation – the parties identify possible options and decide the order of priority.
7. Negotiation and agreement.
8. Closure.
Mediation services are coming soon to Fioro Legal
Fioro Legal has an accredited mediator on our team and will soon be offering mediation services to clients. Keep a look out for further details on our website.
This article is general information only and does not constitute legal advice. It does not take into account your particular circumstances and should not be relied on as a substitute for advice tailored to your situation.
To find out more or to arrange a consultation, call us on 0481 848 450 or email info@fiorolegal.com.au
Mobile: 0481 848 450
Email: info@fiorolegal.com.au
Web: www.fiorolegal.com.au