Family Dispute Resolution

This type of mediation is about the future needs of the children from a marriage or partnership that has ended. The session is not counselling, rather it is a separation service and the discussion will be about living arrangements, education, activities and other important elements for a child’s development. It requires a specialist practitioner who has completed additional training and must be registered with the Attorney-General’s Office as a Family Dispute Resolution Practitioner. During intake the FDRP will ask a series of questions to gain each parent’s perspective and assess the suitability of family dispute resolution. In some cases, mediation may not be suitable, particularly where there is a risk that this may cause harm to either parent or the children.

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Property and Commercial Disputes

During the life of a marriage or partnership, it is likely assets are accumulated. This might be real estate, vehicles, boats, bank accounts, superannuation and even pets. If the marriage or partnership ends, the property will need to be divided. Mediation can help the parties discuss how this division will be settled to avoid a third party determining that for them. An asset pool will need to be prepared. This will include a list of all the assets and the debts. Depending on the complexity of the pool, parties may wish to consider engaging an accountant and lawyer to assist them to prepare.

The operation of commercial and residential leases as well as the terms of sale relating to real estate or machinery may lead to disputes about ongoing commitments or settlement. At Mediator Hub our accredited mediators take an impartial role to encourage the parties to negotiate terms that create certainty for the future operation of the professional relationship.

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Workplace Disputes

Despite an organisation’s best efforts and practices to implement conditions and policies to address expectations proactively, workplaces are not always harmonious. Bullying, harassment, discrimination and other allegations of serious misconduct as well as termination and redundancies are likely to occur at some time over the course of an organisations’ operations.

If managed poorly, this can have devasting consequences that can lead to criminal or reputational implications for both an employee and the organisation’s leaders. A truly independent third-party accredited workplace mediator will assist the parties to discuss perception, intentions and future expectations that lead to resolution and changed behaviours.

Disputes can also arise as a result of bargaining for specific working conditions and pay incentives beyond minimum awards. Mediation can lead to facilitated discussions that explore the options for both employees and the employer that promote a mutual engagement and understanding of perspectives and direction.

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Community Disputes

Neighbourhood disputes can give rise to arguments about trees, fences, noise, erection of structures external to or extended from a domestic dwelling or even how dwellings are used for home businesses. As a resident in a community in dispute, this can be particularly stressful especially when parties are living it every day. Mediation can help to lead respectful discussions to mutually solve the problem and change behaviours through effective communication for harmonious living.

Apartment living requires that residents observe Owners Corporation or Body Corporate rules. This is usually managed by an owners or body corporate committees. The rules generally set out provisions for dispute resolution. The committee may elect members to form a side committee to offer dispute resolution processes before issuing a breach notice or to appeal to the committee after a breach notice has been issued. This can create a perception of bias for the lack of true independence from the dispute. To make a truly independent decision, committees should consider engaging an accredited mediator, with no vested interest in the matter to facilitate a process that is fair and free from the perception of bias to promote a mutual engagement that leads to a greater understanding of perspectives and direction.

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