What is alternative dispute resolution?
In general terms, alternative dispute resolution or ADR is a process of facilitated negotiations that is an alternative to proceedings that are determined by a person or persons with delegated powers to make decisions such as a court or tribunal.
There are many forms of ADR such as Online Dispute Resolution – ODR, Mediation, Conciliation, Early Evaluation and Arbitration. Although technically a form of ADR, Arbitration involves an expert in the area of the dispute, mutually agreed by the parties to make a determination.
At Mediator Hub, we focus on offering mediation, because unlike many other forms of ADR, the process is led by
a third party who is accredited and trained in accordance with the National Mediation Association Standards (NMAS).
The mediator has no vested interest in the dispute. They are neutral and so they do not judge, evaluate or take sides during mediation. A mediator assists parties by facilitating discussion about the issues and will adopt a model designed to focus on the future of the parties and the resolution of the dispute.
Do I need a lawyer?
The simple answer is no, however in some cases parties may wish to engage a lawyer to provide them with legal advice throughout the process. A mediator is impartial at all times and this means they cannot ethically provide the parties with independent legal advice even if they are a lawyer. If you decide that it is best for your lawyer or another professional advisor to attend mediation each party pays for their own associated costs.
If the other party brings a lawyer, is my position weaker?
At Mediator Hub our accredited mediators are skilled in managing power imbalances and will modify the process to ensure all parties are comfortable raising issues and their interests in the dispute. The mediator will encourage all parties to hear each perspective and to negotiate in good faith.
Can I bring a friend or workmate to support me during mediation?
A friend or work colleague who you trust and who may offer support to you during mediation may be helpful. At Mediator Hub we permit parties to bring a support person other than a professional or specialist provided the other party agrees. They will be asked to sign a confidentiality or non-disclosure agreement. It is not intended that they speak for you. If you need someone to speak for you, this a representative and you should seek a person with specialist qualifications and experience.
How much does mediation cost?
At Mediator Hub, we offer our video and teleconferencing services as a flat fee for each party for each session. Half days (up to 4 hours) are $400 plus GST per party and full days (up to 6 hours) $600 + GST. Face-to-face mediation will incur additional costs for the venue. All prices include a private and confidential intake session with each party. In some cases, one party to a dispute may include more than one person. If this is the case, only one person elected to represent the party will be required to participate in the intake session.
What is an intake session?
At Mediator Hub our model includes an intake session with all parties. The mediator will take the time to explain the process and understand each party’s perspective. If required, the mediator will offer non-bias conflict coaching to prepare parties for mediation, particularly where mindsets are fixed.
In some circumstances however, a mediator may assess that mediation is not appropriate. At Mediator Hub our focus is on problem solving, not causing future harm. Our mediators value the importance of intake sessions and the impact it has on mediation. Unfortunately, this is not a practice that all mediators will adopt, but at Mediator Hub it’s all part of our service and is embedded in our fixed fee structure. Where a mediation is deemed to be not appropriate, participants will only pay for the intake session.
What if mediation is determined by the mediator to be not suitable after an intake session?
In cases where it is assessed by an accredited mediator or a Family Dispute Resolution Practitioner that mediation is not suitable, you will be informed individually and confidentially. If this is the case, you and the other party will not be required to pay for the remaining amount due for mediation, however the cost of the intake session will be retained for the mediator’s time. The cost of intake is $250 + GST per person per intake session.
How long will it take to resolve my dispute?
Generally speaking, mediators are in the hands of the parties. In most cases, disputes can be resolved quickly and in one session with the assistance of an accredited mediator who can focus discussions on the issues and lead the parties through a model that is designed to result in a resolution and terms of agreement. This will also depend on the complexity of the dispute. In some rare circumstances, parties agree to resume for another session where not all issues were able to be resolved in one session. Parties may also agree to participate in future mediation and not litigation if their agreement needs to be changed.
If we reach an agreement, can the mediator draft the agreement for us?
At Mediator Hub we are able to draft terms that parties have agreed in principle in words that reflect the parties’ intentions. All parties will be encouraged to contribute to this process. Where parties are legally represented, they may wish to instruct their lawyers to draft terms on behalf of the parties. We encourage parties to seek independent legal advice about their agreement.
What if the other person does not want to try mediation?
Mediation is voluntary and requires a mutual agreement to participate in mediation. It is our experience at Mediator Hub, that when the process is explained by an independent and impartial person, an invitation to participate is often accepted.
I am not in a dispute, but I am trying to plan ahead to avoid one in the future. Is mediation useful for me?
Mediation is not just for parties who are in dispute. At Mediator Hub we specialise in proactive approaches to making agreements such as Financially Binding Agreements also known as a ‘Prenup’.
Parents who have separated or are thinking of separating may find themselves requiring a plan to focus on the children’s best interest. This is known as a parenting plan and it’s a plan that does not have to be for separating couples. A set plan of agreed expectations between parents can lead to less arguments, disappointment and most importantly a family unit that is supportive of the children’s needs. These types of mediations require a specialist who is registered with the Attorney-General’s Office as a Family Dispute Resolution Practitioner.
Commercial, workplace enterprise and community agreements often have a dispute resolution clause that sets out an agreement to mediate if something goes wrong or you disagree with the way the agreement was intended to operate. At Mediator Hub we always encourage parties to consider adopting these clauses and to action them sooner rather than later to minimise the risk of the dispute escalating.
You don’t have to wait to be reactive, any commercial, workplace enterprise or community agreement can be negotiated using a facilitated method such as mediation.
Do I have to be in the same room as the person I have a dispute with?
At Mediator Hub our mediators will lead the mediation and facilitate a model that is recognised as best practice by the National Mediator Standards Board. It is preferred that parties speak directly to each other during joint session, however at Mediator Hub we recognise that the dispute may have escalated or the way in which individuals manage conflict may differ which may prevent parties speaking directly to each other. Talk to the mediator at the intake session about how you would like to proceed.
What is the best way to approach the other party to find out if they will try mediation? Can you help?
Yes, absolutely we can help you there. The first step is to contact us for a confidential and obligation free information summary about the process. The next step is to invite the other party. You can try this yourself by inviting them to visit our website for more information or contact us directly. If you need our help, we can try to contact the other party for you extending an invitation to all parties to participate in mediation.