Mediation
By engaging in mediation, you and the other party are making a genuine effort to reduce the cost, time and stress involved in resolving a dispute and achieve a better outcome.
About mediation
Mediators follows a tried and tested process to structure the conversation between the parties where each is allowed to have their say and to respond.
During mediation:
- Parties are firstly provided with the rules of mediation and asked to work together to try and resolve the dispute.
- Both parties are given the chance to explain their prerspective to the other person.
- The mediator will generate a list of issues and get agreement on them from the parties.
- Parties are guided through a process of discussion and negotiation on each agreed issue.
- The mediator can help clarify each party’s perspective and allow you to explore options to sort out the issues.
- Unlike court, the steps are much simpler, and you cannot get in trouble if you make a mistake.
- The mediator guides the discussions and does not hand down a decision (there is no ‘judge’) – you have control over what you agree to do to resolve the issues.
- There is no submission of evidence and no determination of right or wrong – parties try to reach a negotiated outcome.
- The process can take up to four hours.
- The mediator may ask the parties to share information, may hold sessions with the parties together or separately, and can document an agreement in writing if one is reached.
Mediations have successfully resolved disputes ranging from minor disagreements to milliondollar settlements.
Many first-time participants in mediation are surprised that by having the mediator structure the conversation, they were able to uncover solutions they could agree to.
Benefits of mediation
There are five key advantages to mediation:
- Time: Using a mediator is usually much faster than going to a tribunal or court.
- Cost: Mediation can minimise legal costs as the parties represent themselves.
- Flexibility: You share responsibility about how the dispute is resolved.
- Confidentiality: Your discussions during mediation are confidential.
- Communication: Mediation can help improve on-going communication.
More information
Contact the QSBC by submitting an online enquiry or calling 1300 312 344.
Download the Mediation fact sheet.