Mediation is a confidential process where a neutral third party known as a ‘mediator’ helps parties in conflict discuss and develop an agreement to resolve the dispute. The mediator does this by facilitating communication between the parties; identify their needs and interests; promote understanding between the parties; and use creative problem solving techniques to enable the parties to reach their own agreement. So unlike court or arbitration, there is no adjudicator imposing a solution on the parties. The parties retain control of the outcome. Our mediators are lawyers and so they will use their skills that they have developed as lawyers to assist the parties. However, when they act in the role of a mediator, they do not give legal advice to the parties.
The mediation process usually starts with one or more of the parties approaching METTA RESOLUTION to ask for us to mediate their dispute. We would then contact the other party or parties to invite them to the mediation. Once we have all the parties’ agreement to mediate, we would organise the logistics of the mediation such as the date and location for the mediation. We would also conduct confidential intake assessments with the individuals involved. We may give suggestions to the parties as to what type of mediation would be appropriate. The types of mediation are:
- Facilitative Mediation: Facilitative mediators seek to “facilitate” the discussions between the parties to build understanding and exchange relevant information so the parties can develop a solution that is likely to be more lasting. The facilitative mediator does not give recommendations or opinions, but explores the interests underneath the positions taken by parties and assists the parties in finding and analysing options for resolution.
- Evaluative or Settlement Mediation: Evaluative mediation is concerned mainly with reaching a deal. This style of mediation focuses more on achieving an agreement between the parties and less on the parties’ interests. Evaluative mediation may be a good choice if you just need to “get it done.” This type of mediation is particularly common in litigation-mediations where there are already lawyers involved and a court case is on foot.
- Transformative Mediation: Transformative Mediation is a unique mediation that focuses first on repairing the parties’ relationship before moving to resolving the dispute. This type of mediation is likely to take more than one session and is often used in cases where the parties’ want or need an ongoing working relationship with the other.
The form of mediation could be one or a combination of the following:
- Legally-assisted mediations: Mediation where a party or parties are assisted by their lawyer
- Face to face mediations: Mediation that takes place with the parties in the same room. This may be at our office or another location (travel fees or room hire fees may apply if outside of our office).
- Zoom or Telephone mediations: Mediation that takes place over Zoom or the telephone, such as where distance is an issue
- Face to face shuttle mediations: Mediation that takes place with the parties in separate rooms and the mediator moves from each room where the parties are staying. This may be appropriate where the parties prefer not to sit in the same room together for the mediation.
- Telephone shuttle mediations: Mediation that takes place over the phone in which the mediator would call each party separately throughout the mediation
Mediation Fees: We offer cost effective service packages with add-ons if required to suit each case. To support the community through the Covid-19 Pandemic we are offering mediation at the discounted rate below for all mediations booked by 1 Sept 2020:
- Preparation for Mediation: $300+GST (paid by initiating party)
(for Family Law mediations this also includes the issuing of section 60I Certificate)
- Reading any documents prior to Mediation besides intake checklist: $300+GST
- Mediation (up to 2 hours): $400+GST per party
- Each additional hour: $250+GST per party