Dominic Williams  Mediator/Barrister Sydney
Specialising in Alternate Dispute Resolution (ADR)
 
WHAT IS MEDIATION?
 
Mediation is a better option than going to court.
The terms ADR, conflict resolution, mediation, arbitration and conciliation mean consensus-based processes that encourage resolution outside of the court system.
Mediation is a voluntary and confidential process in which an impartial third-party helps people discuss difficult issues and negotiate an agreement.
Each person has an opportunity to tell his/her side of the story. The mediator listens and guides the process to increase understanding between the parties. The aim is to help participants reach a win/win situation by looking at options and working towards their own resolution.
A mediation agreement can lead to a more positive relationship in the future between private individuals as well as businesses that have traded together and may want to continue to do so.
A Mediator does not order the outcome.
 
WHAT ARE THE BENEFITS OF MEDIATION?
 
Mediation allows parties greater control and to make their own decisions.
The process fosters understanding, cooperation, and agreements that work for both sides.
It costs less and is faster than litigation.
The process is confidential, avoiding public disclosure of sensitive information in the courts.
 
HOW DOES MEDIATION WORK?
 
Those involved agree to participate. Anyone can withdraw at any stage if they want.

If both parties agree to a joint meeting, here’s what would happen:
The mediator talks confidentially with each party. Nothing that is said by either party can be used or referred to in any later proceedings (eg. in a Court case).
The parties usually have a joint session which allows each side to openly express his/her view of the disagreement.
The mediator explains the mediation process.
The mediator then invites each party to outline their view of the matters in dispute.
The mediator then guides the discussion and helps those involved to arrive at a mutual agreement.
Often the mediator will confer with each party privately during the course of the discussions.
The mediator guides the course of negotiation but has no authority to make any determination or decision on the dispute.
Either party is free at any time to end the process.
If the mediation succeeds, the parties sign a legally binding document setting out the terms of settlement.
 
WHAT IS THE COST OF MEDIATION?
 
Mediation is cheap compared to litigation.
The cost of the mediation is shared between the parties involved (unless otherwise agreed).
 
WHY DOES MEDIATION WORK?
 
The advantage of mediation is that people are able to solve their own problems. This works best when those in dispute are:
willing to take part.
prepared to be as honest and open as they can about the situation and their part in it.
want to work cooperatively with the other person to find a solution.
would like to continue to have a relationship in the future.
people feel safe and there is no threat of physical violence.
 
 
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