Expert Conciliation Service with Shiv Martin
Resolving Disputes Through Agreement and Legal Compliance
A conciliator is an independent facilitator who guides a conversation between parties to a dispute within a particular legal or regulatory framework. As a conciliator, Shiv Martin ensures the process is procedurally fair, and will seek to manage any power imbalances between parties.
Specifically, conciliators like Shiv Martin are employed by agencies such as the Human Rights Commissions; Fair Work Commission; Administrative Appeals Tribunals; and many other tribunals and regulatory agencies.
Conciliation services can also be provided privately to organisations seeking to resolve conflict internally (in relation to staff), with contractors, consumers, or other stakeholders.
What is involved in the Conciliation Process?
The conciliation process is designed to achieve effective dispute resolution while still ensuring compliance with legal frameworks. This means that a conciliator will, during a conciliation process, inform and manage expectations of parties around their legal obligations and entitlements.
As an experienced lawyer, mediator and conciliator, Shiv Martin provides the complete package of skills in facilitating, negotiating, legal problem solving and relationship management. In order to provide effective conciliation services, expertise in statutory interpretation and legal analysis is essential. As a practising lawyer for over a decade, Shiv brings this expertise to ensure her conciliation processes and future focussed and results driven.
Shiv offers a customised conciliation process for a wide range of industries including government agencies, Ombudsman organisations, Commissions and regulatory bodies, primary and secondary health services, community groups and the banking sector.
What is the role of a conciliator in dispute resolution?
As a conciliator, Shiv Martin helps parties settle disputes if their own attempts fail. A conciliator is a neutral third-party that guides the search for agreement between parties in conflict. By carefully studying the jurisdiction, context, and stakeholders' needs, Shiv uses legal research and stakeholder analysis to understand the nuances of each dispute. Then, she designs her conciliation services based on the parties' unique experiences and goals for effective resolution - whether the objective is a fast and fair outcome or regulatory compliance.
Shiv has a proven history of delivering results in terms of the number of disputes resolved, and the quality and effectiveness of the outcomes. Her success is driven by a strong belief in the transformative impact conciliation can have not just for the disputing parties, but for the culture of an organisation as a whole.
Furthermore, Shiv firmly believes in the power of storytelling as a potent tool for transforming conflict conversations.
By facilitating the sharing of stories among parties in dispute, it’s possible to achieve several goals:
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Make messages memorable and captivating
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Forging emotional connections
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Simplify complex ideas
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Foster relatability and trust
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Illustrate values, and inspire action
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Stories ultimately facilitate understanding and persuasion, paving the way for meaningful resolution.
Shiv Martin is based in Brisbane but regularly travels Australia-wide to facilitate conciliation upon request.
In offering conciliation services, Shiv partners with government agencies and workplaces.
To book a free consultation with Shiv to discuss how her conciliation facilitation service can assist your organisation, send an enquiry.
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What factors determine the booking of mediation services and how do you ensure the best chance of resolution in diverse dispute contexts?My mediation services can be booked according to the size of the dispute at hand. I have successfully managed complex multi-party disputes spanning a number of days, and short mediations of 90 minutes. Each dispute and each party has unique needs and I will work independently with all parties and legal representatives to design the most appropriate process to ensure the best chance of resolution. I am experienced at mediating across cultures, generations and dispute contexts.
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What is your background and experience in mediation and conciliation services?After over a decade as a full-time panel mediator, conciliator, decision maker and team manager for various government agencies, Commissions and Tribunals, I am now offering my mediation and conciliation services privately. I am highly experienced in managing a diverse range of disputes and adapt a flexible mediation approach following considered pre-mediation discussions with parties and their legal representatives.
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What qualifications and experience do you bring to the table as a mediator and mediation accreditation training assessor?As an experienced Mediator and Recognized Mediation Accreditation training and assessor I bring to the table a high level of emotional intelligence, the technical skills of a lawyer (Over 10 years PAE) and a depth of cross-cultural and intergenerational conflict experience. I am also skilled in Mental Health First Aid and understand the importance of managing emotions and relationships in effectively managing disputes.