MEDIATION
Resolving disputes co-operatively to produce
win-win solutions
Institute of Arbitrators and Mediators of Australia
What is mediation?
Sometimes, for a variety of reasons, we don’t get on with other people and conflict or disputes develop. Often these issues can be resolved simply by talking to each other. This is called ‘consensual problem solving” with no third party. Success is based on respecting the other person, being willing to listen and come to an agreed outcome that meets both parties’ interests as much as possible. This is the cheapest and most effective form of what is known as ‘alternate dispute resolution’ and is what most of us do in our daily lives.
However, sometimes conflicts develop where people become entrenched in their positions, there is an imbalance of power between people or people cannot communicate. Often the next step is the court system.
This is where mediation comes in. Mediation is a confidential process where an independent and neutral third party – the mediator - assists people to discuss, negotiate and reach a decision about their dispute. It is a process that facilitates our relationships with other people.
Unlike arbitration or expert appraisal, the mediator does NOT provide advice or solutions to the content of the dispute. However, through their facilitation and technical skills the mediator is able to assist people to explore the issues in depth and reach the best possible joint decisions that the circumstances allow.
Use mediation when you want:
- faster resolution rather than going to court
- lower cost
- confidentiality
- to maintain some sort of on-going relationship with the other person.
It can be used to resolve disputes/conflict between couples, work colleagues, neighbours, parents and children, relatives, parties to commercial contracts etc. In short, mediation can be used in any situation where at least two people cannot agree. Each person can attend the mediation with or without a support person.
How I use mediation.
I use the mediation model endorsed by the Institute of Arbitrators and Mediators of Australia. This is a facilitative model covering preparation, introduction, statement taking and summaries, identification of topics for discussion, exploration of those topics, generation and selection of options and creation of the agreement. As a mediator, I do not evaluate, advise, direct or provide solutions. For ethical reasons, I do not mediate where I know any of the people concerned as this may create perceptions of bias.
Where I am not mediating, I can be engaged to act as a support person to help you through the process should you wish such support. I can also provide details of independent mediators.
What happens?
After we have had a conversation about the dispute and I have agreed to act as the mediator, I will arrange for a separate preliminary interview with each person. At these individual interviews, we will discuss the issues and I will assess the suitability of the dispute for mediation. I will explain the mediation process and discuss organisational arrangements.
On the day of the mediation, each person (with or without support people) turns up at the required time and place. Most simple mediations take around 3-4 hours but this may be longer for more complex mediations. The length of the mediation is based on the issues involved and their complexity and the willingness of all the parties to effectively participate in the process.
The actual mediation is structured into a number of steps. I explain the process in the introduction and then ask each person in turn to explain to me their reasons for coming to mediation. After each person has spoken to me, I will summarise each of the statements to ensure I fully understand all the issues. Then, each person in turn identifies a topic they want to discuss and these are listed on a board. After all the topics have been identified, each person selects a topic and talks about their views directly to the other person.
Throughout the process, I may stop the mediation to have a private interview with each of the parties. These interviews are confidential and I do not disclose the discussions to the other person. Once all the issues have been fully explored, the two of you develop options which I will help you check for reality, acceptability and practicality.
Once you agree the options, you write them up in an agreement which you both sign. I then close the mediation.
The cost of mediation depends upon a range of factors. Simple mediations can be done on an hourly rate of $100 with an upper limiting fee.