What is mediation?
Mediation is a form of dispute or conflict resolution. It is a procedure whereby a non-participant, neutral party brings disputing parties together in a private and confidential session to review the issues in question and work to an understanding or a mutually agreeable solution. The mediator empowers the parties to find their own solution, not as an outsider imposing a solution, but working with the parties. More importantly the process requires the parties to listen to each other and enables parties to discuss the past, present and future. Mediation is a quick, cost effective way to settle disputes and conflicts.
What is conciliation?
Conciliation is similar to mediation but in conciliation the third party has a greater role in suggesting solutions, alternatives and directing the parties.
What is facilitation?
Facilitation is very similar to mediation. The difference is that the facilitator may be involved in information gathering and fact-finding, establishing guidelines and procedures. The facilitator may be involved in the implementation or structure of a proposed solution.
What is arbitration?
In arbitration the third party, the arbitrator, acts much like a judge in hearing the parties and then bringing down an enforceable decision. Arbitration is private judging with the advantages of using an expert in the matter, it is usually faster and the procedures and rules may be modified to fit the case.
What is the role of a mediator?
Using a skilled mediator who has no interest in the matter is there to set rules for the conduct, allows for the balancing of power and allows for the parties to re-state (as a Mediator has not heard it before) the parties needs, concerns and fears. A Mediator is able to re-state positions, emphasise real concerns, question assumptions and look at various parties' positions.
The Mediator's role is to turn the issues from, "I" to "we" and from the past to the future.
What is MEDARB?
Where the parties have been unable to finalise agreement under mediation of the all or some of the issues in question but based on what has been said in the mediation ask the mediator to rule (arbitrate) on the issues still in dispute. This can be a practical solution given the parties have spent time and money and argued to a standstill. The difficulty and the danger relate to confidentiality.
What is Third Party Evaluation?
This is closer to the role of an Adjudicator but normally with less formality. Evaluation is probably best used when there may be one or a few defined issues, which requires an expert in the area. Can also be used to get an opinion (non Binding) about the likely outcome.
What is negotiations?
Any discussions between parties. Such discussions can often be assisted by a neutral third party to assist in bringing out the real issues and concerns so that the parties understand and are able to consider in a none motive new light.
What is a family dispute resolution provider?
This is mediation through an accredited mediation provider including being able to issue certificates should mediation not be successful to enable parties to proceed to court.
2010 - present
2010 - present