Mediation is a structured negotiation process in which an independent person (known as a mediator) assists people to reach an agreement to resolve their dispute. Essentially, if mediation is successful people can resolve their dispute by agreement and avoid Court proceedings, bring Court proceedings to an end or limit the remaining issues to be determined by a Court or Tribunal. In relation to work place disputes, the mediator can assist parties to discuss their conflict in a safe setting and assist parties to negotiate a positive way forward. 

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Some major advantages to mediation include that parties negotiate their own settlement (rather than a third party like a judge deciding the outcome), parties have an equal say in the process and there is no determination of “fault” but rather, they reach a mutually satisfactory agreement by consent which assists parties to preserve positive relationships.​ With mediation you control the outcome rather than a third party (like a judge), who does not actually know you.

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Court proceedings are usually slow, stressful and very expensive. Mediation provides people with an opportunity to discuss and finalise their dispute or conflict at a fraction of the cost. 

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To assist parties with open and honest negotiations and communications at mediation, everything that is said at mediation is confidential and cannot be used later by either party in Court (unless an exception applies). If an agreement is reached, signed and dated (by all parties) the agreement may then be relied on as evidence in future Court proceedings.

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The mediation process begins with each party attending a 1.5 hour private intake session with the mediator. During intake the mediator will complete a risk assessment and discuss the relevant issues. Following intake  we will attend a joint mediation session. The process on the day of mediation is as follows:

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1. The Mediators opening statements, the mediator will explain important features of mediation such as confidentiality and inadmissibility;
    

2. Parties opening statements: you (or your lawyer) will each have an opportunity to summarise the issues you would like to discuss and resolve at mediation. For family law property matters we will prepare a working balance sheet of all relevant assets and liabilities;
    

3. From your opening statements the mediator will prepare an agenda;
    

4. We will then move on to exploration and discussion of the agenda items/the issues;
    

5. After gaining a better understanding of each parties perspective we will move on to option generation and making proposals;
    

6. The mediator will organise private sessions to discuss and reality test options throughout the day. This will give you time to speak with the mediator in private; 
    

7. We will continue to negotiate and discuss the issues and I will document all points of agreement reached;
    

8. At the conclusion of mediation you can decide whether you sign and date the agreement (if all participants sign and date the agreement the content of the agreement is no longer confidential and is also admissible in Court). 

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If you prefer, or if certain risk issues exist, we can proceed with "shuttle mediation" whereby you have no contact with the other party. With shuttle mediation I will shuttle from each room to facilitate discussions and negotiations and I will ensure there is no contact between parties.

 

You can attend mediation with or without a lawyer or support person. We offer online mediation Australia-wide and in person mediations at the following locations:

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Newcastle;

Lake Macquarie;

The Hunter Valley;

Nelson Bay and surrounding suburbs;

The Central Coast;

Maitland and surrounding suburbs; and

Sydney and surrounding suburbs

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We offer online mediation Australia wide. If you are located on the East Coast of New South Wales we can organise an in person mediation close to you.

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