QUESTIONS AND ANSWERS ON MEDIATION |
|
| |
Do I need to bring a solicitor or any other advisors? |
| You are free to bring whoever you wish for support, assistance, advice or to speak on your behalf. Usually a party will bring their own legal representative to speak for them." |
| |
Is the outcome of mediation binding? |
| If the parties agree. The outcome of a successful mediation is usually an agreement for settlement. Once this is signed it is a binding and enforceable contract. |
| |
What are the results? |
| There are no fixed results in mediation. Both sides must agree on what they want to happen. If people want someone to decide for them, mediation is not the way to go. On the other hand, mediation does offer the chance of getting a result that includes all the details which you want dealt with, which the court may not be able or even willing to rule on. |
| |
What types of dispute do you deal with? |
Business Disputes, Contract & Property Law, Equity, Trade Practices, Farm Debt Mediation, Building Disputes, Franchising, Tenancy, Professional Liability, Aviation, Industrial Law and Workplace Law, Family Provisions Act, Property (Relationships) Act, Family Law Act.
|
| |
What does it cost? |
| Fees ranging from $1,800.00 to $3,000.00 plus GST per day depending on the complexity and circumstances of the dispute. These fees are usually shared equally between all parties to the Mediation which can be a great saving. |
| |
Why bother? Why spend money on it? |
| People often rush to law, in anger and frustration, and only stop to reflect when the first bills start to come in. Mediation is meant to be a way of avoiding this. Litigation costs can be huge. |
| |
What’s wrong with going to court? |
You don’t always get what you want from a court judgment, even if you ‘win’ the case. Some disputes simply don’t lend themselves to a 100% win outcome.
Mediation provides a ‘no lose/no lose’ opportunity, because you don’t have to agree to anything you don’t want. |
| |
What’s the difference between Mediation & Arbitration? |
| In arbitration, you agree in advance to be bound by the decision of an arbitrator and then present the arguments to the arbitrator for a decision. You are then tied to that judgment. In mediation, the parties can negotiate the outcome between themselves in a way with which all concerned can be reasonably happy. |
| |
Why try Dispute Resolution Services? |
| Disputes are often complicated, making it difficult to focus on the main issues and settle the dispute yourself. How anyone handles a dispute is often clouded by anger or distress. A mediator assists all parties to see each party’s point of view. |
| |
How does the Mediator decide who is right or who wins? |
| The Mediator does not make the decision. The parties reach their own solution guided by the Mediator. |
| |
What if it’s a “fishing expedition”? How can one party not be at a disadvantage? |
| You don't have to disclose anything that you don't want to, and 'fishing expeditions' go both ways. If the mediator considers that one or more parties are not acting in good faith the mediation may be terminated. |
| |
What if we don't settle? |
| In those few cases that don't settle on the day very often a settlement is reached within a few days or weeks of the mediation as a direct result of the parties' experience during the mediation. |
| |
How long will it take? |
| The length of the mediation process depends on a number of factors, including
the type and complexity of issues presented, the availability of the parties, and
willingness of the disputants to cooperate. |
| |
