Mediation Matters-What is mediation all about?

Parties sometimes get confused as to what Mediation is and what we do.

To take the example of a couple with a family law dispute, we initially have a confidential intake with each party.This usually takes one hour and enables us to explain the process, develop some rapport with the party and gain some insight into his or her perspective of the dispute.

If one party approaches us then we will usually have an intake with that party and if we consider the matter suitable for mediation, will invite the other party to also participate in a confidential intake.

If both parties are happy to attend mediation then we will proceed to schedule a four hour mediation, usually but not always on a separate day.

We are neutral and independent.The way that I normally explain "independence" is that I have had no previous connection or association with either party and by "neutrality", that I am not on anyone's team.It is absolutely vital that the mediator retains this independence and neutrality throughout the mediation.

As mediator, I use my experience and skills developed over a long period to help the parties resolve their dispute without needing to go to court for an outcome.If successful then the parties will save substantial legal costs and the stress and delay arising from court proceedings.The parties also have a better chance of being able to communicate in the future if they can keep their dispute out of court.

The mediation usually goes for four hours, however if the parties feel they are making progress then they can extend the time.

Usually the mediation is conducted by a single mediator, however we recommend a co-mediation model in some circumstances.Some of our mediators come from a legal background and some from a social science background and each has particular skills and training which they can bring to the mediation.We also offer a child-inclusive model and this is an option that parties sometimes want to explore particularly with older children.

We are happy to explain all our processes in detail so that parties come to the table with a good understanding of what is involved and how we will conduct the mediation.

Our job as mediators is to help the parties reach a resolution.We are not "pretend judges" and it is not our role to make decisions for the parties.

If the parties have engaged lawyers then we welcome the involvement of the lawyers in the mediation.It is entirely a matter for the parties if they want their lawyers to be involved and we are happy either way.

The total cost for two intakes and a four hour mediation is $2310 including GST and this can be shared between the parties.

In future blogs, I will share more information about our processes.

I also invite you to look at our website www.brisbanemediations.com.au

Help in resolving your dispute is only a phone call(07 3839 7400) or email(resolve@brisbanemediations.com.au) away.

Mike Emerson