::FAQ's

Click on a button below to review the frequently asked questions for that topic.

Mediation Arbitration Expert Appraisal

Mediation

How do I know when I need a mediator?

Negotiation is part of every human relationship and process, from deciding which of the kids sits in the front seat of the car to the passing of legislation. Many negotiations proceed to a high-quality conclusion without any intervention by third parties. However, there are circumstances that may indicate a mediator could help the parties improve the quality of their deliberations and reach conclusions that are more satisfactory, less expensive or more likely to be implemented:

When parties want to preserve relationships that are threatened by difficult negotiations
When parties are having trouble starting a negotiation because there is a history of past conflict that creates distrust and prevents negotiation, or some parties are reluctant to negotiate or compromise
To improve the quality of results that are likely to be achieved using the usual process
When an impasse has been reached and mediation might allow the parties to continue to negotiation without “losing face”
When negotiations have become “stuck” and mediation may assist the parties to move forward and allow them to keep a greater measure of control over the outcome
When there are too many parties or too many issues to stay focused and move ahead in negotiations
When litigation is likely to be costly and protracted
When parties wish to clarify strategies and positions

What do mediators do that is helpful?

Bring parties together
Establish communication and set an atmosphere for negotiation
Establish an atmosphere that allows each party to “hear” the other party’s point of view. (surprisingly perhaps, this often occurs properly for the first time in mediation sessions)
Assist the parties to express their underlying concerns and needs in relation to the dispute
Help negotiate agendas and clarify issues to be addressed
Encourage parties to obtain sufficient objective data in order to make decisions
Facilitate joint mediation sessions and also conduct private sessions with each party where necessary
Clarify each party’s interests, priorities and alternatives to an agreement
Help parties explore (sometimes in private) ideas for creative solutions
Identify overlapping interests or areas of potential agreement
Facilitate parties to agree on objective criteria by which to evaluate suggested solutions
Help parties understand limits on negotiating flexibility
Assist parties by maintaining a “reality check” on any suggested outcomes or solutions to the dispute.
Help parties to anticipate implementation problems and direct their minds to what they might usefully do in the event of any future conflicts
Record agreements as they develop
Ensure parties are aware any agreement they reach may be drafted and filed in court for increased certainty and security

What is the mediation process at PDRC?

Once PDRC has assessed that the dispute is suitable for mediation the mediator interviews both parties individually and explains the process and costs structure. At the mediation the mediator makes an initial opening statement outlining the progress of the matter to date and confirming the mediation process and the ground-rules for participants at the mediation meeting. This is followed by the parties, in turn, taking the opportunity to say what it is that has brought them to the mediation and what they hope to achieve by the end of it.

The mediator then assists the parties to clarify the nature and the components of the dispute and extracts from them, their needs, interests and concerns. A period of negotiation and the generation of a range of different options follows with the aim of reaching agreement. If an agreement is reached the parties may have that agreement drawn up in a form that can be registered in the appropriate court so as to give greater certainty and security to the agreement.

The mediation process is not prescriptive and this is a simplified summary of the process of a mediation. Variations from this will inevitably occur from time to time, as part of the mediation is in itself a negotiation as to the manner in which the proceedings will take place.

Parties may be legally represented at the mediation by agreement.

PDRC strongly recommends that all parties obtain at least preliminary independent legal advice in any event.

The mediator has no power to make a decision about the parties or the outcome of the dispute. The mediator controls the process and the parties are responsible for the outcome.

What about the cost of mediation?

At the initial interview the costs structure will be explained to you and before we accept formal instructions we provide clients with an Agreement to Mediate and a Costs Agreement which together sets out clearly what our obligations are as dispute resolvers, and a schedule of our fees and costs. Parties to mediation share the cost of the mediator.

Please contact us directly for more information about the cost of mediation.

Why should I use mediation?

First because it works. There is a settlement rate in excess of 80% for most mediation services that operate in this country. At a different level, mediation is considered a success by many because:

a) they remained in control of their own disputes and outcome; and

b) their side of the story was "heard" by the other party and by the mediator.

Secondly because in many disputes, for example family or commercial disputes, parties will normally have an ongoing relationship, albeit often in an altered form. As a result, it is imperative the dispute resolution procedure does not exacerbate bitterness or anger, which may then continue and often grow worse after a decision has been reached or made. Mediation is structured to give effect to agreements reached by the parties themselves after having explored the competing and joint needs and concerns of all parties.

Thirdly because mediation is usually much quicker than litigation (mediations are often completed between 4 and 12 hours - although not always in one session!);

Fourthly because mediation is usually a lot less costly than litigation;

Fifthly because although it is normal for any dispute resolution to be taxing emotionally, mediation is a process that is much less confronting and is conducted in a much more comfortable environment than litigation.

When can mediation be used?

Mediation is an alternative to financially and emotionally costly and time-consuming processes such as using the court system. It is suitable for people who are willing to communicate with the other party and attempt to better understand and settle their dispute with the help of a trained 3rd party.

What types of disputes may be appropriate for mediation?

Most disputes involve people who have known each other for some time such as spouses, business associates, workmates, employers / employees, neighbours or friends. Mediation however is not appropriate in cases of serious domestic violence, child abuse or other serious and complex issues.

There is a wide range of conflicts that mediation may help to solve amicably.

Agricultural disputes
Breach of Contract
Business and Consumer complaints
Community issues
Contact/Residence issues or Parenting Plans
Divorce/separation issues
Early Intervention Program Disputes
Employer/Employee Conflicts
Environmental Issues
Family issues
Harassment
Human Rights
Interpersonal Disputes
Landlord/Tenant Problems
Neighbor/Neighbor Conflicts
Neighborhood disputes
Noise Complaints
Parent/Teen and divorce issues
Personal/Real Property Issues
Restitution for Damages
School Problems
Workplace matters, and
Many More.

What are the goals of mediation?

To prevent the escalation of disputes into more serious civil matters;
To avoid the need for a rigid court structure when a matter does not need that formality;
To assist people in resolving their problems through cooperation, negotiation and mediation

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.