Mediation
The Mediation Process between two parties is cconducted by a neutral third party, the mediator. The standard mediation model is the facilitative model where the mediator facilitates communication between the two parties to help them identify their needs and interests and to openly discuss their issues. The mediator is neutral, offering no advice or opinions. It is the parties who decide between themselves, not the mediator.
The mediation process under the guidance of a mediator is structured, yet flexible and informal, offering freedom of speech, freedom to negotiate in an informal meeting, unlike the aggression and adversary nature of lawyers who try to impose solutions on the parties. Such flexibility and informal nature of mediation helps reduce anxiety, stress and trauma that is so common in disputes.
Types of matters commonly mediated include business and commercial matters, family, property and financial.
Mediation only works if the parties come with a willingness and a genuine interest to resolve their differences. A certificate may be required by the Family Court to affirm there was a genuine attempt at mediation.
Mediation is confidential and not admissible in a court of law.
If mediation is not successful at first, don’t worry, a second mediation may be successful. Regardless of the outcome, mediation can help make the issues between the parties clearer and more defined. After a mediation session, parties may go away thinking of other solutions or may realise the validity of options that were discussed at mediation and wish to return to another mediation session to try again. The overarching purpose of the new Family Law Case Management, for example, is to attempt all options of obtaining a resolution until all options have been exhausted. This can also apply to commercial, financial and property mediations.
Overall, mediation is a better option than court and does not have huge legal fees. The advantage of mediation is that there will be no long waiting times or high legal fees. Mediation, by comparison is usually affordable, is less stressful, and has a high chance of success.