As indicated in our email address - resolve@brisbanemediations.com.au - we resolve conflict.
Conflict between, for example:
Separated Couples
Married, de-facto, casual, same sex, younger, older and all ages in between. About property, children and any other issues that might have arisen as a result of the breakdown of the relationship.
Extended Family Members
Over estate division and administration, care of elderly relatives, running family businesses and any matter likely to cause disagreement within a family.
Couples in Love
Prior to marriage or co-habitation. Over property, blending families or any disagreement which might occur within a relationships. Sometimes in the context of pre-nuptial or co-habitation agreement discussions.
Workers
Between bosses and staff, co-workers, workers and contractors, workers and customers/clients or between managers. These disputes have the potential to reduce productivity, raise insurance and litigation budgets and destroy lives.
Members of School Communities
Between teachers and students, parents, other teachers, principals or management. Between boards of directors and management and between parents and other parents or students and other students. Over everything from bullying claims to appeals against appointment of staff.
Businesses
Over interpretation of contracts and leases and all manner of issues that can develop in the course of running a business.
Denise Britton
Co-principal
Brisbane Mediations
Tuesday, January 24, 2012
Tuesday, January 17, 2012
Mediation and Neutral Experts
Some time ago, I blogged about the important role that forensic accountants play in family law property disputes.
Mediators can assist by bringing in a forensic accountant on behalf of the parties to assist with the accounting and business aspects of the matter.
Of course the use of neutral experts is not restricted to accountants, as a recent mediation showed.
One party was seeking to relocate with the parties child to Europe to marry her new partner. The father, as is not unusual, opposed the relocation. The new partner had exhausted his tourist visa, however had trade skills and an option arose as to whether he could enter Australia and remain here as a skilled migrant.
In this instance, the parties agreed to adjourn the mediation to obtain expert advice from a migration expert. An alternative would have been to bring a neutral expert to the table to advise on the migration aspects.
If the parties agree to engage a neutral expert and have them participate in the mediation then a solution can often be found and expensive court costs avoided.
Mike Emerson
Co-Principal Brisbane Mediations
Mediators can assist by bringing in a forensic accountant on behalf of the parties to assist with the accounting and business aspects of the matter.
Of course the use of neutral experts is not restricted to accountants, as a recent mediation showed.
One party was seeking to relocate with the parties child to Europe to marry her new partner. The father, as is not unusual, opposed the relocation. The new partner had exhausted his tourist visa, however had trade skills and an option arose as to whether he could enter Australia and remain here as a skilled migrant.
In this instance, the parties agreed to adjourn the mediation to obtain expert advice from a migration expert. An alternative would have been to bring a neutral expert to the table to advise on the migration aspects.
If the parties agree to engage a neutral expert and have them participate in the mediation then a solution can often be found and expensive court costs avoided.
Mike Emerson
Co-Principal Brisbane Mediations
Monday, January 16, 2012
Rupert Murdoch
Rupert Murdoch, a recent recruit to Twitter is apparently having problems with typing and mastering the stream of new technological devices and applications out there (“Relativities: Rupert tweets his way back to relevance” – Deirdre Macken, The Weekend AFR).Nice to see that like most of us he is having difficulties. All power to Rupert for sticking at it. Any comments?
Friday, January 13, 2012
Power Imbalances and Mediation
Wade (1984) states that power can “be broadly described as actual or perceived ability of one person to exert influence upon another person’s behaviour or thoughts”.*
Parties hold different types of power in their relationships such as economic, emotional, physical, and psychological, status, language and information.
Power is a dynamic rather than a static concept and can shift between parties in a negotiation or mediation.
Imbalances can also be identified in terms of gender, culture, one shot and repeat players, wealth, the legally and non-legally aided, the assertive and the inarticulate, the knowledgeable and the ignorant.
Past domestic violence and the possibility of actual or implied intimidation is an important area to look at in terms of power imbalances and whether mediation is appropriate however of course unless appropriate screening processes are in place, the information relating to domestic violence may only become evident in the course of the mediation.
Lack of knowledge is a primary source of power imbalance. It can be legal, financial or relate to some other aspect or implication.
Lawyers have an important role to play in assessing power imbalances and the appropriateness or otherwise of mediation.
Where there is a wide discrepancy between the parties in terms of power, mediation may not be suitable.
Mike Emerson
Co-Principal Brisbane Mediations
* Wade, J, “Forms of Power in Family Mediation and Negotiation” Australian Journal of Family Law. 1994, 2
Parties hold different types of power in their relationships such as economic, emotional, physical, and psychological, status, language and information.
Power is a dynamic rather than a static concept and can shift between parties in a negotiation or mediation.
Imbalances can also be identified in terms of gender, culture, one shot and repeat players, wealth, the legally and non-legally aided, the assertive and the inarticulate, the knowledgeable and the ignorant.
Past domestic violence and the possibility of actual or implied intimidation is an important area to look at in terms of power imbalances and whether mediation is appropriate however of course unless appropriate screening processes are in place, the information relating to domestic violence may only become evident in the course of the mediation.
Lack of knowledge is a primary source of power imbalance. It can be legal, financial or relate to some other aspect or implication.
Lawyers have an important role to play in assessing power imbalances and the appropriateness or otherwise of mediation.
Where there is a wide discrepancy between the parties in terms of power, mediation may not be suitable.
Mike Emerson
Co-Principal Brisbane Mediations
* Wade, J, “Forms of Power in Family Mediation and Negotiation” Australian Journal of Family Law. 1994, 2
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