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What is
mediation?
Alternative Dispute
Resolution.
Mediation is a process designed to help parties in
dispute find constructive solutions to problems with the
assistance of a neutral third party. It is a
confidential, voluntary and safe process, where people
can resolve disputes together rather than have decisions
imposed upon them. It is a cost-effective alternative to
potentially expensive and time-consuming litigation,
which may result in decisions which suit neither party.
Mediation is adopted when the resolution of a conflict has
come to a standstill. It is a process in which a
trained, impartial third party helps those involved in
the dispute to
negotiate issues in the dispute between them. This
enables all parties to come together to generate
possible options and to find the best solution for each
party to then "move on".
When to
use mediation?
Centacare offers mediation to help resolve:
Workplace Disputes
Mediation can be a very effective method of resolving
workplace disputes, including:
-
Harassment and
Bullying
-
Performance
Issues
-
Unfair Dismissal
-
Contract Review
-
Discrimination
Community Disputes
Mediation helps members of the community to resolve
their disputes without annoying Local Government delays.
Disputes can include:
-
Neighbourhood
disputes
-
Noise and
Enjoyment disputes
-
Development
disputes
-
Boundary disputes
Mediation may be carried out prior to or after commencement of
legal proceedings.
What are
the benefits?
Mediation:
-
Creates a
supportive, constructive and future-oriented
environment
-
Assists you to
make your own agreement
-
Guarantees
privacy and confidentiality *
-
Maintains the
individual’s dignity
-
Promotes
communication and co-operation between parties
-
Reduces emotional
and physical distress
-
Controls
financial costs
-
Teaches an
effective way of resolving future conflicts
* With the exception of some serious criminal matters,
all pre-mediation and mediation sessions are
confidential. Mediators cannot be called to give
evidence about what is said during a mediation session
in any court proceeding.
Who are
the mediators & basic processes?
All Centacare’s mediators have undertaken specialist
mediation training. They have qualifications and
professional backgrounds in counseling, psychology or
law. The mediators are impartial and independent, and
are there to assist the parties to negotiate the issues, explore
solutions, and reach an
agreement.
The mediation process is based upon a problem solving
model. Initially the parties will meet separately with a
mediator for a private session. An
appointment is then made for a joint session, an orderly
process where each party receives the opportunity to
have their say and your issues will be identified and
discussed. Options will be developed and evaluated,
based on whether the solution meets everyone’s needs as
fairly as possible.
The agreement is not legally binding, however your
solicitor can advise you about making your mediation
agreement legally binding. |
