Mediation | Shiv Martin

Mediation &
Conflict
Resolution

The Mediation process encourages parties to resolve any disputes without the involvement of courts and costly legal fees. The process is led by an independent, impartial party known as the Mediator.

The purpose of mediation is to have parties openly and honestly discuss their concerns and to identify options and reach agreements about the future. The Mediator does not provide legal advice, they are there to ensure that the communication is respectful and productive. Where appropriate the Mediator may provide information to the parties about the alternatives to mediation.

In this regard, it is useful to engage with a Mediator who also has legal qualifications. Where the mediator takes a more active role in providing parties with information about the legal rights and entitlements, the process is known as a conciliation.

Shiv Martin is an experienced mediator and conciliator who also trains, coaches and assesses aspiring Mediators and Conciliators across Australia through the Resolution Institute and Department of Justice and Attorney General (Queensland).

Mediation can take anywhere between one hour to several days. It will depend on the dispute and the number of people involved. Most of our mediations are completed within three to four hours.

Workplace disputes

Mediation is an effective strategy to managing internal workplace conflict in a way that is constructive and future focused.

In workplace mediations conducted by Shiv significant time is spent with the leadership and HR team of an organisation to understand the context of the workplace conflict and the organisation's objectives.

Following this, Shiv engages with parties to the conflict in a constructive and empathetic manner.

Management Disputes

In times of change within organisations, or where there is entrenched conflict between key stakeholder groups Shiv can assist in facilitating a meeting where key concerns can be explored and future progress discussed.

As a neutral third party, Shiv can effectively run the meeting so that all voices around the table are heard, and constructive options for moving forward are identified and agreed to.

Cross Cultural Conflict

Shiv has succesfully resolved community disputes between individuals and groups from different cultural backgrounds who have been unable to understand and communicate with each other effectively.

A key to Shiv's success in this area is her strong academic understanding of different cultural frameworks and her capacity to listen, without judgement to the opinions of all parties to a conflict.

Conciliations

Shiv conducts conciliations and traininig for conciliators who work for Government or Regulatory organisations and must informally resolved disputes raised under particular legislative or regulatory schemes.

Shiv has conciliated dsputes for the Fair Work Commissioner and the Administrative Appeals Tribunal. She has a strong understanding of the types of conflict and disagreements that arise in relation to Fair Work legislation, the NDIS and Social Services.

The Magic of Mediation

Skilled mediators are trained to listen well and respond to parties in constructively by identifying and exploring their underlying interests. Mediators ensure that a thorough discussion of the past, present and future of a conflict occurs in a respectful and constructive manner.

Using an independent, impartial third party with expertise in communication and the psychology of conflict can create a circuit breaker in toxic or unhelpful approaches to communication.

If it important to engage with a mediator early to avoid growing tension through poor communication.