About Mediation

Mediation is a form of alternate dispute resolution that offers numerous benefits of mediation, allowing parties to resolve disputes without navigating the legal system. A specific type of mediation, known as family dispute resolution, focuses on family law issues such as children, property settlements, divorce, and child support, highlighting the important mediator role in facilitating these sensitive discussions.

A mediator plays a crucial role in assisting both parties to work together towards reaching a shared agreement. Unlike the legal process, where a Judge imposes a resolution, mediation focuses on the benefits of mediation, allowing parties to collaboratively find solutions. If the parties do not agree on a shared outcome, the dispute remains unresolved. 

Mediators do not pass judgment or provide legal advice, even if they have legal training. As a neutral third party, mediators facilitate open discussions and utilize various techniques to enhance dialogue, explore potential solutions, and ideally aid the parties in family dispute resolution. 

The mediation process is confidential, ensuring a safe environment for discussions. Mediators adhere to a strict Code of Conduct to maintain this confidentiality. 

The Mediation Centre takes extensive measures to protect your privacy, although certain exceptions apply in cases involving child abuse, risk of harm, or criminality.

Mediation is the most self-empowering method of resolving a dispute. Unlike the legal system, there isn’t one authority imposing a solution on you, and no one truly 'wins' in court. Mediation allows you to protect your peace and make informed decisions about your and your children’s wellbeing.

The benefits of mediation provide an opportunity for all parties involved in a dispute to take control and actively participate in agreeing upon a resolution. Regardless of the nature of the dispute, the salvaging of relationships has made mediation a highly sought-after alternative to the legal system, especially in family dispute resolution.

Other benefits include:

Self-Determination: Undertaking mediation allows individuals to determine the outcome, rather than having it dictated by someone else. This often leads to results that both parties find agreeable.

Cost Savings: Mediation is a cost-effective solution to disputes. Each party can share the cost of mediation rather than paying for individual legal representation. The process is also faster, resulting in substantial savings in hourly fees and court costs.

Time Savings: While a case in the court system may take years, a negotiated settlement through mediation can often be achieved in just a few hours. Although the time required varies by case, mediation typically delivers outcomes that both parties can agree on in a fraction of the time it would take in the legal system.

Confidentiality: Mediations are conducted in a private setting, with no court reporting, recording, or transcripts. They are completely confidential, adhering to a strict Code of Conduct by mediators, with some exceptions for issues like child abuse or criminality.

Flexibility: Mediation allows all parties to work around their employment and family commitments. Instead of adhering to a date set by the legal system, parties can agree on a mutually suitable timeframe and location. A mediation session also provides more flexibility than the formal protocols of the courts, allowing for a more informal process.

Increased Compliance: Unlike having a decision forced upon you, mediation enables parties to take ownership of the outcome. This outcome, developed through collaboration, usually results in higher compliance with the mediated agreement.

Maintaining Your Relationship: Particularly in family disputes, a vital element of mediation is working towards a resolution that protects relationships from hostility during the process and preserves their integrity long-term.

Support: Rather than positioning two opposing teams against each other, mediators serve as neutral facilitators who engage both parties in defining a range of potential solutions. The mediator's role is crucial in providing support and understanding to all involved.

Legal Enforceability: Mediation offers legal enforceability without the costs often associated with the legal system.

The Mediation Centre focuses on supporting both parties in reaching an agreeable solution with minimal damage to their relationship. This contrasts with the legal system, where such considerations are often overlooked. We believe preserving relationships is vital, especially when both parties have a shared investment in their future, whether in family or business.

We also recognize that disputes affect more than just those directly involved, and we work diligently to minimize that impact, particularly within families.

The Mediation Centre approaches every case individually, utilizing various techniques based on the circumstances and the parties involved. We like to think of ourselves as facilitators of creative problem-solving, emphasizing the benefits of mediation in resolving disputes effectively.

The first step in family dispute resolution is to ascertain each case's suitability for mediation and, if appropriate, the type of mediation required. To assess suitability, we need to speak with each party during a confidential intake appointment, which usually lasts 1 to 1.5 hours by telephone.

If mediation is deemed suitable, a session is then scheduled at an agreed date and time. A typical mediation session lasts about three hours, and in many cases, a resolution can be achieved after just one session. However, for more complicated matters, multiple sessions or even a full-day mediation may be necessary. The type of mediation will be determined by the mediator after discussing the situation with both parties individually.

Although mediation is a trained discipline, there are no formal requirements for a typical session. During our sessions, we ensure that the following steps are addressed: establishing and agreeing to ground rules for the mediation, allowing each party to present their story, and then working together to:

- Identify the core issues

- Clarify the objectives of each party

- Explore a variety of options and potential solutions

- Discuss possible solutions

- Work through, adjust, and refine the proposed solutions to move closer to a resolution

- Agree on solutions

- Record the agreement in writing.