2015 has started with a bang at Brisbane Mediations

Like the fireworks most of us observed in person or electronically at midnight on the 1st of January, 2015 has started with a bang at Brisbane Mediations.


We have taken time out to look at what we did well in 2014 and what we may be able to improve or add to our services in 2015.  We're back on deck energised and ready to listen.


Judging by the people who have already rung Krystina or come through our door for intake discussions this week, at least some problem situations have not magically disappeared over the Christmas holiday period.


This year, as always, we intend to deliver non-judgmental, supportive and skilled conflict management to our clients.   


We must of course remain neutral and not "take sides" or lecture parties about what we believe is the best way to resolve their disputes.  We do, however, challenge and assist with reality testing of desired outcomes, helping our clients to realise that just as there are at least two sides to every story, there are at least two perspectives to every dispute.  The old saying, "It takes two to tango" could be modified to, "It takes at least two to create conflict".


Whether your dispute is the result of a relationship separation, entrenched tensions between extended family members, workplace disagreements or conflict over an estate you think has been unfairly apportioned, the Brisbane Mediations team is trained and equipped to assist.


It is our role to guide people in dispute to a resolution they can live with and that allows them to move on with their lives - if possible, without harbouring resentment. The team at Brisbane Mediations derive pleasure from seeing our clients relieved of the burden of emotionally draining and often financially expensive disputes. We've all seen enough of those in the Court system.


Life is short.  Let's all make the most of it.  At Brisbane Mediations we like to say, Things turn out best for the people who make the best out of the way things turn out.  Just because you've had bad luck with someone significant in your world, you don't have to live the rest of your life with conflict, stress and regret.  We aim to help our clients chalk it up to experience, let go of the bitterness and move on.


We know that the people who come to see us are usually hurting and feeling betrayed. Those feelings take time to heal, but we would love to start you off in a more positive direction with an agreement that, no matter how hard won,  all parties can at least tolerate. Over time, the conflict can become a blip on the horizon.


Come in and see us and make 2015 your best year yet!

Estate Mediations

Mediation Matters

Today I am at "Round the Table with Mike" which is a free service for people to call in and chat with a mediator about the process generally or to discuss any particular issues.

Round the Table with Mike takes place on the first and third Wednesdays of each month between 4pm and 6pm at the Brisbane Mediations Dispute Resolution Centre.

Patrick Wedge, one of our mediators has called in for a chat. Patrick was in a past life, the Deputy Public Trustee of Queensland and so, as one would expect, has considerable experience in Estate Mediation.

As well as being on our panel, Patrick conducts his own Mediation practice.

I asked Patrick for his opinion as to the cause of estate disputes and his reply was as follows:

" One of the principal reasons for disputes in deceased estates is that people's expectations have not been met. A person may have expected to receive a greater share in an estate or may have been left out completely. Where there is ill feeling with the other beneficiaries in settling the issue, a dispute arises".

I then said to Patrick: "At what stage should people seek to mediate?  Should they mediate as soon as the dispute arises or should they wait until some formal court process is initiated?

 Patrick replied:

"The sooner the parties involved have the opportunity to discuss the issues, the better off they will be emotionally and a solution can be negotiated at mediation".

I once heard estate litigation described as "Family Law from the Grave", and certainly estate disputes can often give rise to the same high level of emotions as Family Law. Mediation with a competent mediator such as Patrick, offers the opportunity for resolving the issues without the high costs and delay of litigation. If handled sensitively, mediation also offers the opportunity to repair the relationship between the disputing parties.

The important thing is to seek advice before everyone becomes too embroiled in the dispute.

Information Session - Estate Mediations

We are excited to announce that Alternative Dispute Resolution Practitioner, Patrick Wedge will be our guest Mediator  at the next 'Around the Table with Mike' on the 5 December. Patrick is highly qualified to conduct Estate mediations and he would be of great assistance to people with Estate issues that need addressing.

Patrick was Deputy Public Trustee from 2002 until 2011 and appointed as Acting Public Trustee from February 2008 until March 2009.  His unique mix of legal expertise and leadership skills developed in a public sector environment, gives him excellent insight into diverse issues in dispute resolution and associated problem solving techniques.

'Around the Table with Mike' is held on the first and third Wednesdays of each month between 4pm and 6pm at the Brisbane Mediations Resolution Centre.  They are free information sessions designed for anybody contemplating mediation.

Please call Joanne on 07 3839 7400 if you require further information.  Everyone is welcome so why not bring a friend or family member along.

Mediation Facilitates Ongoing Relationships

Mediation facilitates ongoing relationships

Mediation is less likely to harm on-going relationships than litigation – commercial arrangements between suppliers and customers; parenting relationships between separated parents with mutual parenting responsibilities to fulfil; or working relationships between co-workers / workers and managers who have clashed in the workplace.

In mediation, disputing parties enlist the assistance of a neutral person (the mediator) to help identify issues in dispute and explore options and alternatives to reach an agreement that will accommodate their respective needs.

With litigation, however, courts review opposing versions of disputes and provide a decision based on the evidence in each side’s affidavits or stories about the dispute and what they say in court. The decision almost always endorses one view of a case and rejects the other, costs often being awarded to the successful party, thereby punishing the other.

Litigation by its very nature highlights and accentuates differences, with barristers’ cross-examinations exposing weaknesses in the other side’s version of events. Mediation on the other hand, looks for common ground and strives for agreement.

Litigation encourages a winner take all approach. Mediation looks for a win/win outcome.

Considerable damage is inevitably done to ongoing personal relationships (for example, between parents or between beneficiaries under a will) when each person, in seeking to have their version accepted, tries to destroy the other’s case. Similarly, in the commercial field, time in court is highly unlikely to engender an ongoing relationship – particularly when at the end of the day one party is the victor and the other the vanquished, left to pick up the pieces.

When a result is imposed by a court, one party may leave the courtroom happy and the other disgruntled and bitter. The trial process has most likely eroded the previous relationship even more and increased the chance that these people will struggle indefinitely to relate into the future – personally or commercially, as the case may be.

At Mediation, however, seemingly warring parties often shake hands or communicate in a genial manner at the end of the day, a copy of the signed agreement in hand as they leave. A result has been reached by consensus rather than by being imposed by a stranger.

Dignity has been maintained and the vestiges of a relationship remain intact with a chance of enrichment in the future. In the commercial arena there is every chance that the parties will continue their mutually beneficial relationship, particularly where they have found a solution which ultimately accommodates the needs of both.

Mediation involves savings, not only in material costs, but also in costs to relationships.