Mediation and alternate dispute resolution

• Mediation is an informal process, and a confidential means of attempting to resolve disputes between parties.
• Mediation is intended to bring parties together to reach a resolution.
• A mediator cannot impose a decision on the parties; rather they facilitate discussions and explore issues in depth to attempt to reach agreement.
• Mediation can be a cost effective way to resolve disputes and can form part of the Court process.
• Mediation should be considered as early as possible after a dispute has arisen.

Mediation is an informal dispute settlement process which is managed by a trained third party, called a mediator.
The intention of mediation is to facilitate discussions surrounding issues of dispute.  The discussions that take place during mediation are confidential and cannot be used against either party in litigation unless there are exceptional circumstances.
During the mediation, each party will present their point of view on the issue in dispute, and the mediator will work with each party to attempt to work out a settlement.  A mediator cannot impose a decision on the parties; however at the end of the mediation they may present their findings and present a potential solution to the issue that is acceptable to both parties.
As mediation is a cost effective means of resolving disputes, it should be considered as early as possible after a dispute has arisen.

Mediation can be implemented prior to or in conjunction with litigation or court proceedings generally.
Pursuant to the Family Law Act 1975, parties are required to attempt to mediate a dispute in relation to children's matters before issuing proceedings in the Family Court unless there are circumstances of urgency or where a party has refused to attend mediation.

At Nicholes we are committed to using mediation as an effective means to resolve both property and children's matters without litigation where appropriate.  We often refer clients to community based mediation centres, and also employ trained mediators (including experienced Family Law Barristers) particularly in more complex matters.

Monica Blizzard of our office is a trained mediator and is available to conduct mediations upon request.  Should you have any queries about mediation, please do not hesitate to contact us on 9670 4122.