to Resolve your Dispute
1. Recognise that you have alternatives.
Even if you have commenced litigation, mediation is a good
way of focusing people back on what is important - working
out how to sort out their differences and then getting back
2. Identify what is important to you and
what might be important to the other side. With these things
in mind suggest to the other side that mediation be used.
3. If you are not comfortable suggesting
mediation to the other side we can do it on your behalf. We
will send the other side information on what to expect, cost,
how to prepare, and the cv of an experienced mediator. We
can answer any questions or concerns they might have.
4. Once the parties agree to use mediation
we will provide a mediation agreement (which outlines the
process to be used, confidentiality and cost). The mediator will meet with each party separately
to discuss preparation for the mediation and to get some background
on the dispute.
5. The mediator will suggest dates for an
exchange of information prior to the mediation. This might
be simply an agenda of issues to discuss or a summary of the
issues and claims being made. The parties will decide how
much information should be exchanged prior to the mediation.
6. The mediator and the parties will set
a date for the mediation. Often this can be within 7 - 10
days of the initial enquiry call.
7. At the mediation the mediator will ask
each side to explain the problem as they see it. The mediator
will assist the parties to identify the most important elements
of the dispute. The mediator will help the parties to discuss
the issues, clarify misunderstandings, identify any common
ground and their needs and focus on the problem.
8. The mediator might meet with the parties
separately - these meetings are confidential unless the parties
say otherwise. These meetings give the parties the opportunity
to speak openly with the mediator about progress and options.
9. The mediator will assist the parties to
generate options that (as much as possible) meet the needs
of both sides.
10. The parties summarise the terms of the
agreement and sign the agreement. They are then bound by the
terms of the agreement.