There are many formats for Mediation, but most have these basic common features :-
- The mediator explains the process and gets a formal commitment to mediate from the parties.
- Each party is given an opportunity to explain their position, problems, issues, concerns and desires – these may written on a white board.
- The mediator helps the parties clarify what each has said and gives them the opportunity to explain private concerns and/or possible solutions.
- The parties are guided through a negotiation process which aims for mutual agreement and formal acceptance of the negotiated solution.
- A Mediation may take from a few hours to several weeks but is often completed in half a day.
Preparing for the mediation usually takes 2 to 3 weeks.
When successful, mediation is faster, less expensive and more satisfying than going to Court.
Tim trained with the Australian Commercial Disputes Centre under the auspices of Sir Laurence Street.