April 23, 2017

FAQ

Q. Is the mediator experienced?
A. Yes, they have all been fully trained and mentored by Mediation Institute and have worked on mediations before either as an assistant or sole mediator.

Q. Do I need to bring a lawyer?
A. No, but remember, the mediator cannot provide you with legal advice.

Q. Can I pay the fee after the mediation?
A. No, Payment must be made in advance at time of application and before the mediation date is confirmed.

Q. Will I receive a partial refund if the mediation finishes or adjourns early?
A. No, the mediator has set aside a full day to work on your dispute and is unable to accept other assignments once the booking is made so they must be paid in full, in advance.

Q. How does it work?
A. Each participant has an initial individual meeting with the mediator, preferably in an office or via Zoom online.

Logical Mediation then invites the other participant(s) to attend an initial individual session.
The purpose of these initial and confidential sessions is to gain an understanding of what that individual thinks is important to discuss, and what issues and possible outcomes they would like to bring to the negotiation table.

This also allows the mediator to assess if mediation is suitable and to check that each person has the capacity to communicate and negotiate equally within the mediation setting. During the individual sessions, the “Agreement to Mediate” is signed by each participant.

A joint session is then arranged at a mutually convenient date, time and location.

The mediator will not impose or compel a settlement or a particular result but rather empowers participants to self-determine their own outcome.

If an agreement is reached, a written memorandum of agreement is prepared and given to each of the parties to take to their solicitor before signing, if they wish.

Q. What is the Mediator’s role?
A. To assist parties to identify the issues, facilitate discussion, and to help parties to consider options and negotiate outcomes.

The mediator also manages the process, ensures each person gets an equal say, and encourages respectful communication at all times.

To conduct the process in a confidential, neutral and impartial fashion.

Q. What types of issues can be mediated?
A. Issues between family members.

Issues with or about older family members.

Friendship groups issues.

Community disputes including neighbourhood issues.

Parent/adolescent disputes. Family Law matters following separation i.e. Family Dispute Resolution.

Workplace issues.

Property Settlement Mediation. Educational Disputes.

Wills and Estate Disputes. General Disputes.

Q. What are the benefits of using Mediation?
A. Mediation is practical, relatively informal, and unencumbered by courtroom procedures or legal technicalities.

In most cases, mediation is significantly faster and far less expensive and emotionally draining than litigation.

Mediation empowers the parties to retain control of the critical decisions that affect their personal, financial and business interests.

Mediation enables the parties to fashion their own solution rather than have one imposed upon them by the Courts.

Q. Will all disputes be suitable for Mediation?
A. The mediator will make an assessment of suitability as part of the initial individual sessions. Factors taken into consideration include:

  • Willingness of each person to participate
  • Willingness of each person to work within the mediation process
  • Ability of each person to communicate and freely negotiate
  • Any safety or abuse issues.

Q. Any other questions?
A. Please feel free to contact Gill at Logical Mediation on 0419262775 or via email at Gill@logicalmediation.com.au to ask any further questions and find out more about the mediation process.

 

“You’re in good hands.”