Specialists in Alternative Dispute Resolution and Mediation
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Mediation: Frequently Asked Questions


What is mediation?

Mediation is a process that allows parties to talk about the problems they are having, 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.

Mediators do not take sides or seek to establish facts. They are impartial, and aim to facilitate a process that ensures both parties are able to tell their side of what has occurred, and work towards arriving to a solution.

Mediation provides each person with an opportunity to tell the other person how their actions have affected them.

Mediation provides each person with an opportunity to tell the other person how their actions have affected them.

Throughout mediation both parties may be able to resolve the conflict in a way that is respectful to the needs of both of them.

Mediation can help both parties work out a way to work together in the future in a respectful manner that takes into account each person's individual needs.

Throughout mediation both parties with the help of a mediator may be able to resolve the conflict in a way that is respectful to the needs of both of them.

When considering the mediation process and engaging a mediation service, ensure the mediator is accredited.

Michelle Menzies and Tony Neil, the team of Menzies Mediation based in Cairns Queensland, are approved and accredited under the National Mediator Accreditation Standards to act as mediators.

How do I arrange for mediation?

Simply contact the mediator by email or phone number listed. You may have contacted the other party who has agreed to the mediation. If this has not been done the mediator will organise to contact the other party to assess their willingness to mediate. You will be asked to provide contact details of the other party.

 

Do I have to be in the same room?

Preferably both parties are present in the same room for mediation. Mediations however can take place by teleconference or shuttle mediation (Participants sit in separate rooms where the mediator will go from room to room).

 

Where are the mediations conducted?

On neutral ground where clients feel as comfortable as possible. Mediations can also be conducted by teleconference. Our base for Mediation is Cairns Queensland however we do travel elsewhere to conduct mediations.

How do I participate in mediation?

The structure and process of mediation allows both parties to put forward their point of view.

 

Can I bring a support person?

You may bring a support person providing the other party agrees. There are special rules that apply for support persons and the mediator will explain those to you during the process.

Click here to view the guidelines for support persons.

 

Can I bring my lawyer?

Providing lawyers for both parties attend and both parties agree you may bring your lawyers. You must however provide the mediator in advance if that is the case so that proper process is in place for this to occur.

 

How long will the mediation take?

The time set for a mediation will depend on the complexity of the dispute and the issues in dispute. The time could range from two hours to a whole day. The mediator will discuss this with you.

 

Will I have to speak to the other side?

The Mediator will assess your case at a pre-mediation (approximately one hour) and adjust the process suited to your specific requirements.

 

Are mediators accredited?

Essential training and skills are an important part of mediation. Furthermore accredited mediators are compelled to follow professional guidelines for continuing professional development. Mediators also follow the rules of conduct set out in the National Mediator Accreditation System (NMAS).

 

Will the mediator make a decision?

The role of the mediator is to facilitate a process that seeks to empower and benefit both parties. The mediator therefore does not make decisions on behalf of the parties, nor can a mediator give legal advice. See the National Mediator Accreditation System (NMAS).

 

Is mediation confidential?

The issues discussed in mediation remains confidential and cannot be used in other processes. Once an agreement is reached the agreement it is not confidential unless there is an agreement to include a clause to state that the agreement itself will remain confidential.

 

Is the agreement legally binding?

Agreements reached in a mediation are not legally binding unless parties agree through their solicitors (present in the room or at a later date) to register the agreement with a court.

 

What is the cost of mediation?

The cost of mediation depends on the following:

Is there a complaints process?

We want our clients to be satisfied with their experience of dealing with our service.

For that reason we have created this single resource to help a client resolve any complaint a client may have with the service. The service will acknowledge the complaint within 24hrs notice and will contact the client within ten working days. If the client has been unable to resolve the initial complaint with the service the client may contact other independent organisations to make a formal complaint. Click here to view the complaints process and form.

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Alternative Dispute Resolution & Mediation Specialists | Cairns | Ph 0400 840 676 | ABN: 69 203 830 108

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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