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.
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.