What is mediation?
Mediation is a confidential process where an independent and neutral third party assists the disputants to negotiate and reach a decision about their dispute.
Unlike arbitration or expert appraisal, the mediator cannot impose a decision upon the parties. However, through their facilitation and technical skills the mediator is able to assist the parties explore the issues in depth and reach the best possible joint decisions that the circumstances allow.
Mediation is particularly useful in complex matters involving parties in ongoing contact where less formal communication may be helpful.
When should mediation be considered?
Because it is likely to be quicker and more cost-effective than the more formal processes of arbitration or litigation, mediation should be considered as early as possible after a dispute has arisen. It is particularly appropriate where a dispute involves complex issues and/or multiple parties.
Mediation can be implemented prior to, or in conjunction with, other forms of dispute resolution such as arbitration or court proceedings. While the parties must agree to participate in a mediation, that can be achieved by way of separate agreement or by a dispute resolution clause existing within a contract between the parties. Where privacy and confidentiality are important, mediation enables parties to preserve these rights without public disclosure. This often leads to more satisfactory outcomes for both parties.
Confidentiality
All mediations are conducted in a confidential and ethical manner, in accordance with the Law Council of Australia's Ethical Standards for Mediators.
IAMA: Mediation Rules
IAMA: Principles of Conduct for Mediators
IAMA: Rules of Professional Conduct