Disputes can be very destructive in any setting but commercial disputes can easily overflow into other areas of people’s lives causing less production, increased turnover of staff, resentment and lack of trust, stress and loss of reputation not to mention financial hardship.
Disputes arising out of the workplace such as bullying, harassment, discrimination.
Disputes arising from commercial agreements either formal or informal.
Poor Communications within and outside of business.
Changing work practices
Assistance with Management and/or team conflict.
Mediation in commercial settings can take different forms. Legally assisted mediations involves legal advisors who can advise during the process. Please note the policy and guidelines around the support person on this website.
Agreement To Negotiate by each party
By submitting the dispute to Mediation, the parties have agreed to participate in the Mediation process and are committed to negotiate in good faith for a resolution of the dispute.
2. Role of The Mediator
(a) The Mediator’s role is to assist the parties to negotiate between themselves, a mutually acceptable resolution of the dispute
(b) Specifically, the Mediator’s functions include :
(i) to assist the parties to clarify the issues in dispute;
(ii) where it is appropriate, to utilise resolution techniques appropriate to individual issues.
(iii) to act as the facilitator of direct negotiations between the parties.
(a) Each of the parties will be required by the Mediator to participate in a pre-mediation session with the Mediator, to be conducted as soon as possible after the referral to Mediation.
(b) The purpose of the pre-mediation is for the parties, with the assistance of the Mediator, to :
(i) discuss and agree upon the issues in dispute, or to formulate a process by which those issues are to be clarified and agreed ;
(ii) plan and agree upon how a negotiated resolution of the dispute is to proceed (including where appropriate the content of and timing for documents is to be produced.) ;
(iii) provide for such other planning and administrative arrangements as are necessary to proceed.
4. Mediator may confer privately with parties
(a) The parties agree that throughout the Mediation process, the Mediator may at his or her own unfettered discretion, communicate and discuss the dispute privately with any of the parties or their representatives or advisers
(b) The Mediator must preserve absolute confidentiality of the content of any such communications and must not expressly or impliedly convey any knowledge or impression of the content of private communications to any other party.
Each Party to the Mediation process must declare whether it has the authority, or is represented at any negotiating session by a person with full authority to settle the dispute and if the parties do not have full authority, the limits of authority must be disclosed.
Each party may be assisted or represented in the conduct of the mediated negotiations by advisers (including lawyers) with the approval of the other party. Please also see guidelines for support person on this website.
The Mediator, the parties and all advisers and representatives of the parties must keep all matters, relating to or arising out of the Mediation, confidential except :
8. Mediator and Parties’ Representatives/Advisers to Sign confidentiality undertakings.
The Mediator and the advisers and representatives of the parties must, before participating in the Mediation process, agree in writing to abide by the terms of these Rules.
10. Exclusion of Liability and Indemnity
Except in the case of fraud, the Mediator will not be liable to a party upon any cause of action whatsoever for any act or omission by him/her in the performance or purported performance of his/her obligations under these Rules.
The parties jointly and severally hereby indemnify and shall keep indemnified, the Mediator against all claims, actions, suits, proceedings, disputes, differences, demands, costs, expenses and damages of any kind (except in the case of fraud by the Mediator) arising out of or in any way referable to any act or omission by the Mediator in the performance or purported performance of his/her role as Mediator.
If you choose a mediator, it is strongly recommended that the mediator is nationally accredited as a Mediator to manage your case. It is a very specialized area of work and needs to be treated with a high degree of skill and consideration.
If you require any assistance on Mediation, the process and rules please call on 0400 840 676.
Alternative Dispute Resolution & Mediation Specialists | Cairns | Ph 0400 840 676 | ABN: 69 203 830 108
Disclaimer: This website is intended to only provide general information about the mediation process and other important information.
You should make your own enquiries or seek independent professional advice before making any decisions concerning your own interests.
2017 Menzies Mediation