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Mediation

Mediation is another dispute resolution process in which a neutral and independent mediator engages in a diaglogue with the disputing parties to find an amicable solution. Generally, about 70% of the cases are settled by mediation before going to Court. Mediator will conduct joint sessions with both the parties and also, private sessions with the individual parties to understand their expectations & interests, so as to develop options that may be acceptable to both. Once settlement is reached, the mediator will draft the terms of settlement in writing.

(1) Property Disputes: Due to a death or divorce in a family, there may be multiple opinions among family members of how the family property is to be divided. There may disputes about will and inheritance. Assets, such as, house, land, car, bank deposits, commercial investment, cash and business profits, may have to be divided. Commercial arrangements may be disputed. Mediation is suitable for this type of cases.

(2) Workplace Disputes: Two individuals or two departments in an organisation may be in conflict with one another; there may be unfair treatment in the workplace. Workplace mediation is a structured process in which parties in conflict are able to express their views in the presence of an independant mediator and explore ways to resolve the conflict and find a solution.

(3) Divorced / Separating couples may engage a mediator to work out care arrangements for their children. Family and property disputes reach a successful settlement often. In Australia, there is a compulsory requirement under the Family Law Act to seek a resolution for the family dispute before going to Family Court. Mediator who has specific training and experience in mediating family disputes is called as a Family Dispute Resolution Practitioner (FDRP). If you have a family dispute, you will be attended to by an accredited FDRP.

(4) Construction / Trade Disputes: Two parties involved in a construction, engineering contract or commercial agreement may become hostile towards one another. An independant mediator may be able to find an amicable solution so that the contract could proceed towards a satisfactory completion.

Mediation sessions are confidential; hence, you can feel assured that the issue in dispute & the details remain confidential.

If you wish to discuss the suitability of mediation for a particular issue, please write to mediator@mediationchamber.net.au. Alternately, use the feedback form. There is no fee for initial consultation.