Sunday, August 18, 2013

PEACE TALKS - What would Mum and Dad say if they knew you were fighting over their estate?

What would Mum and Dad say if they knew you were fighting over their hard earned property, super and other assets?

How often have we all heard that grief and loss bring out the best and the worst in people?  It really is true isn't it?  Sadly, when we lose significant people in our lives a  chain reaction of free flowing emotions tends to start and all sorts of unresolved issues from the past can surface, including old sibling rivalry - feelings about unfair treatment by parents, unfair advantages to our brothers and sisters, things that weren't said and should have been or were said and shouldn't have been.

When Mum and Dad are no longer around to keep the family on some sort of an even keel or to even give their version of events, there is the potential for these issues to get right out of hand - especially if, for one reason or another, Mum and Dad decided that their estate should not be divided equally.

There are indeed laws about sorting out perceived inequities in respect of who is left what, and the courts are there to help as a last resort.

As mediators skilled in dealing with all types of interpersonal disputes, though, we know that "blood is thicker than water" in most cases.  A discussion around a table under the guidance of a skilled mediator BEFORE the dispute escalates, has the best chance of ensuring the estate is not depleted through legal costs and of achieving a result everyone can live with and which allows siblings to continue on as a family - something every parent would want.

How would you feel if your kids ended up not talking to each other and trying to forget they were even related, just because you were prudent enough to have something to leave them? Most in those circumstances would rather spend it all before they went. 

Give our expert and sensitive mediators the opportunity to help you sort your estate issues in a way which allows you to save money, save face and save relationships!

PEACE TALKS 

Thursday, August 8, 2013

PEACE TALKS- Egypt's extensive mediation efforts have failed.

US Deputy Secretary of State William Burns has left Cairo, having made no headway in finding a compromise between the army-installed government and supporters of deposed Islamist president Mohammed Morsi.

Read more:
http://www.news.com.au/breaking-news/world/mediation-has-failed-egypt-presidency/story-e6frfkui-1226693026975#ixzz2bLEqWMtW

For a mediation process to be successful, there needs to be a mix of essential ingredients:-
  •  A skilled mediator who is seen by all parties to be unbiased
  •  Willingness on all sides to make concessions and to compromise in the interests of a peaceful solution
  • The capacity on the part of the mediator to facilitate expression by all parties of their underlying perspectives and needs, whilst also maintaining ultimate control over the process
  •  Preparedness of each party to listen to the other parties
  • An understanding by all that resolution is preferable to at least some of the potential options should the conflict continue



At Brisbane Mediations we wonder what was left out of the mix in respect of the Egyptian mediation process?

Friday, August 2, 2013

ADR Conference

Mediation Matters.

Each year the Queensland Law Society (QLS) convenes a conference on Alternative Dispute Resolution(ADR) for legal practitioners and other professionals.

The full day conference examines developments in Mediation,Arbitration and other alternatives to a court resolution both on a national and international level and provides an opportunity for mediators and arbitrators to network and exchange ideas with colleagues.

The conference discussion was led by a range of speakers drawn fom legal and mediation practice,academia and industry.The topics were both stimulating and informative.

I was asked to present on Surviving in a Mediation Practice, with my good friends and colleagues Tess Brook and Tom Stodulka.

The topic is of particular relevance to me as some years ago now, after several decades in legal practice, I made the decision along with my wife and psychologist Denise Britton to establish a stand alone mediation practice on Wickham Terrace.The decision to establish Brisbane Mediations was a brave one at the time, but with the assistance of our long term manager Joanne McDonald,we have been successful in establishing the practice, which we can proudly say is the only stand alone private shopfront mediation practice in Brisbane. Operating on a fulltime basis from our Dispute Resolution Centre, and together with our panel of mediators, we have assisted many hundreds if not thousands of couples to resolve their conflict without the expense or delay of court proceedings.

Both Denise and myself derive enormous pleasure from being able to assist couples and others to resolve their conflict and move on with their lives.

Whilst our mediation practice initially derived from our long years of professional practice in the matrimonial area, in my case as a lawyer and in Denise's case as a psychologist, our practice has spread well beyond matrimonial to the point where we assist people resolve all manner of conflict including in the workplace, industrial, school and general interpersonal environments.

It is always a pleasure to present to a group of mediators of varying experience to help explain some of the pitfalls they will confront and strategies for overcoming them in their practice.

Our mediation practice has been assisted greatly by the range of backgrounds and life experience not only of ourselves but of our panellists.

One of the interesting facets of mediation is that everything you experience and do in life and everyone you meet, or situation you encounter, helps to improve your skills and ability and develop your repertoire as mediators.

Both Denise and I are always learning and striving to improve our skills and days such as the QLS ADR day provide a great opportunity for this.

We congratulate the staff of QLS on another successful day.

We both look forward greatly to continuing to improve our skills and to help people resolve their conflict in whatever field of life they are involved.

Mike Emerson