Mediation is a process that allows parties to talk about the problems they are experiencing, and move towards resolving those problems. A third person, the mediator, assists both parties to discuss their concerns in a private, safe and productive environment, and come up with ways to move forward. Mediation is not about blaming, or attributing right or wrong. Often both people involved in mediation have acted in ways they might not have if circumstances had been different.
When considering the mediation process and engaging a medation service, ensure the mediator is accredited.
You will meet/speak with Menzies Mediation Service reception
based in Cairns Queensland. Your contact details will be taken and you will be refered to the mediator.
The mediator will contact you to obtain some general details of your case (approx. 15 minutes). This will include obtaining the contact details of the other party.
The Mediator will explain the fees.
The Mediator may also refer you to other services such as legal/financial/counseling or other organisations as deemed appropriate in preparation for Mediation.
Preparing for mediation:
You will engage in a one on one discussion with the Mediator separately.
3. Pre-mediation one party:
You can discuss all your concerns and issues with the Mediator (approximately 60 minutes).
You may receive referrals based in Cairns or elsewhere to other services for further assistance.
Your mediator will explain the mediation process.
4. Joint Mediation both parties:
Both parties will work with the Mediator to achieve agreement.
The Mediator is neutral and will assist with the exploration of issues and best interests to both parties.
5. During the Joint mediation:
Mediation provides the opportunity for you to explain your side of the story to the other party.
The parties decide on best resolution for themselves during discussions .
During the joint mediation you may ask to speak to the mediator privately at any time and the mediator will also have private sessions during the process .
The Mediator will assist you with your agreement
Both parties pay equal amount separately for the mediation. Workplace meditations can be agreed upon by the Mediator and the company .
The Mediator will type your agreement.
The Mediator will explain that the agreement is not legally binding unless with the assistance of your solicitor the agreement is filed in court .
Your mediator will discuss the costs of drafting your agreement with you .
Advantages of Mediation
Conflict and disagreements will invariably come at a great cost financially, emotionally and psychologically to organisations and individuals alike. Consequently it is difficult to quantify damage being done at all levels. There are many reasons to embrace conflict as a catalyst for change but there are particular ways to conduct the change or deal with conflict without the insurmountable and unquantifiable cost above.
I will suggest the following points to outline the many advantages of mediation. This may not be an exhaustive list but may assist in making a decision about mediation
An opportunity to tell your side of the story.When people are in high emotional states they become self-absorbed in their own world and are unable to view a way forward. This coupled with poor communications may prove impossible for a person who feels that they have a grievance to take the proper actions. Mediation as an intervention process allows all parties to have a voice and a way forward.
No court cost .
This can be a great burden on all concerned not to mention the length and stress involved in a formal rigid process. Inevitably the result is always a win lose situation.
Legal fees kept to a minimum (extremely cost effective ). Both sides electing to use the legal intervention, using an adversarial and lengthy process can inevitably be a mounting financial burden.
Court waiting times, depending on jurisdictions, may extend to weeks or months, if not years. This period of time leads to further misunderstandings and positional conflict.
Assist with communication to provide a mutual advantage.The informal process of mediation allows for conversations to take place with minimal stress. A sharing of stories is always beneficial for party’s self-determination.
Increased ability for constructive negotiation .
Mediation allows for people’s emotive issues with regards to the dispute. The process understands and assists people to come to terms with both sides and provides an avenue to put options in a way that determines a win situation for them.
Empowers parties and indeed individuals to negotiate providing their own options and solutions . The mediator makes no determination on behalf of the people in dispute. The mediator provides a guide and assists the parties to develop their own options.
Parties agree to make their own decisions and not the court or arbitration . This option has been evidenced based outcomes that are workable as to those imposed by courts or other legal authority, because the parties are responsible for their decisions and the eventual outcome.
Provides workable outcomes particularly if there needs to be an ongoing relationship such as in family, neighbourhood, contractual, commercial or other disputes.
Professional accredited and experienced mediators based in Cairns Queensland to guide the process.
Confidentiality of the process . This means that no one can use your discussions for other purposes. The Mediation and honest discussions can therefore ensue without fear of repercussions. Both parties and support persons will be asked to sign a confidentiality clause before the process commences.
Voluntary nature of the discussions . No one can be compelled to mediation unless there is a legislative requirement to attend. The mediator will ask you for your signed consent when a mediation begins. The mediator will also explain that either party may terminate the process at any time if you do not feel comfortable.
Informal process . The Mediator will provide a physical and emotional safe place for your discussions.
Can transform people inter relationships. As indicated in a previous point this is an essential area that can assist parties to move forward in cases of ongoing relationships.
Allows for self-empowerment and self-determination . As the parties come to their own decisions it is more likely that they will take responsibility for their decisions and agreements.
Mediators at Menzies mediation based in Cairns Queensland are highly skilled, life experienced individuals who have obtained many hours of experience in conflict resolution and coaching. In addition they have acquired many hours of experience in mentoring to allow for confidential discussions to develop in a respectful and progressive environment .
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.