Mediation is an opportunity to resolve the following disputes:
Corporate contract disputes
Renegotiation of contracts
Fair Work Disputes
Workplace Complaints
Bullying or Harassment Claims
Customer complaints
Regulatory investigations
Health Service complaints
Redundancy or Termination disputes
Neighbourhood and Community disputes
Corporate Mediations with Shiv Martin
Constructive Dispute Resolution
Mediation is a collaborative process where a neutral third party, the mediator, facilitates communication between people in conflict. The mediator guides the conversation, eworking towards a mutually agreeable solution.
In conducting mediations for businesses, government agencies and community groups, Shiv Martin ensures that the dispute resolution process aligns with the objectives and needs of the organisation. Shiv has been an accredited practicing mediation for over 10 years.
Shiv's mediation preparation will involve discussions with managers to understand the objectives, and the best-case outcomes for all parties.
Shiv employs a facilitative approach to her mediations. This means that she encourages the parties to reach their own agreements while managing their relationship and according to relevant law and policies. Shiv's legal expertise also allows her to identify important issues for discussion during the mediation process, so that there are no surprises later on.
In providing mediation services, Shiv often works with other mediators to provide the best results for the client. Shiv has held Mediator Accreditation for over 10 years and has accepted referrals from reputable agencies including the Department of Justice and Attorney General and Fair Work Commission.
Benefits of Mediation for Workplace Conflict & Complaints
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Preserve and Improve your workplace relationships
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Save time, money and hassle by avoiding court processes
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Arrive at agreed outcomes that suit all parties
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Empower individuals to resolve conflict on their own terms
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Engage in ongoing conversations to improve your corporate culture
What is involved in the Mediation Process?
The mediation process is designed to assist parties achieve resolution with the support of a mediator. As an experienced lawyer, mediator and conciliator, Shiv Martin provides the complete package of skills in facilitating, negotiating, legal problem solving and relationship management. During Mediations, Shiv guides conflicting parties towards a solution they can both agree on.
Here's a simplified breakdown of the process:
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Consultation: Shiv will discuss your situation and see if mediation is right for you.
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Opening Statement: Shiv start the mediation and explains the process and sets ground rules.
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Joint Discussion: Each party shares their perspective on the issue.
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Private Discussions: Shiv will meet with each party independently to workshop options for agreement and discuss the alternatives to a negotiated agreement.
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Negotiation: Shiv assists parties to explore solutions that meet both parties' needs
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Agreement writing: If an agreement is found, Shiv Martin can assist the parties to write the agreement in a clear, concise and accurate form.
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No Agreement: If no agreement is reached, Shiv may help find alternative solutions or suggest moving to litigation. Shiv will also provide post-mediation coaching services and reports to managers as required.
Shiv Martin's Services
I support businesses and government agencies to transform their conflict resolution processes to achieve positive outcomes and build strong relationships. I achieve this by providing strategic communication advice and dispute resolution services. I co-design dispute resolution processes and training for teams in different contexts.
As a mediator, conciliator, lawyer and trainer I bring a diverse set of technical legal and soft skills to the table that allow me to adapt to the needs of each client.
I provide the following services:
1) Workplace and Commercial Mediation
2) Conciliation services, training and process design
3) Complaints handling training and advice
4) Conflict coaching
5) Facilitation for group discussions
6) Webinars, speeches, workshops and corporate events
What is the role of a conciliator in dispute resolution?
Conciliation is a style of mediation that allows Shiv Martin to provide advice and direction as part of the dispute resolution process. 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 (such as Fair Work laws), context (workplace or community complaints), 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 Martin is based in Brisbane but regularly travels Australia-wide to facilitate mediations upon request.
In offering mediation 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.