ALTERNATIVE DISPUTE RESOLUTION

Mediation/Conciliation

PROCESS:

• The Mediator does not decide who is right and who is wrong, instead...
• The Mediator sets up and conducts a meeting to systematically identify, discuss and find solutions for the problems that each party has.
• If agreement is reached this is drawn up and signed as a contract between the parties.

ADVANTAGES:

• Each party gets their say.
• The process often only lasts one day.
• The emphasis is on solving the problems and moving on.
• The emphasis is on maintaining business relationships in the future.
• The process is confidential within the limitations of the law.

DISADVANTAGES:

• The process does not make a judgement on a party's evidence as proof of their contentions.
• If a party defaults on the agreement then this must be pursued in court as a breach of contract.

OTHER COMMENTS:

Mediation is popular, swift and relatively low cost. Opinions on Mediation are divided - some think it advantageous because it is non-adversarial and focuses on workable solutions, others are critical because it doesn't consider available evidence and makes no judgement on the justice of each party's case.

For those wanting more details about the mediation process, an in-depth, practical outline can be found on the website of Sir Laurence Street, the founding father of Commercial Mediation in Australia.

National Practice Standards for Mediators may also be viewed at this link.

DISCLAIMER: Information on this website is offered as general information only; it explicitly does not comprise legal advice

 

 

 

 

 

 

 

 

 

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