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What is the usual process for Mediation?

Our usual process is intended to directly empower you and the other person to resolve your own dispute with the support of our Mediator.

Preliminary:
  • You and the other person to the dispute will both engage Simon Matters as your Mediator by entering into an Agreement to Mediate
  • They will prepare for  mediation by reading the material which has been submitted by you and the other person
  • Sometimes, where lawyers are involved and the dispute is complex, then the Mediator may convene an informal conference to agree on the process for mediation, the production of further documents, any special needs and the like.
Location:
  • The mediation can be held in the mediation rooms of DisputeOver at Glen Waverley for a room hire fee
  • Alternatively, mediation can happen at any other suitable location which has been booked and paid for by you and the other person
  • Mediation can also be held in regional areas or interstate
Opening of Mediation:
  • There is a joint meeting at the outset where the Mediator will  introduce everyone and explain the purpose of the mediation and the roles of each person
  • Guidelines for the conduct of the mediation will be explained by the Mediator
  • You and the other person will be invited to make opening comments
Agenda setting:
  • From the comments made by you and the other person, the Mediator will assist you both to identify and agree upon the key issues in dispute
Exploring issues:
  • You and the other person  will be encouraged to explore fully each issue by responding to questions, as well as talking about your perspectives, interests, feelings and opinions
Private Discussions:
  • The joint meeting ends and you and the other person will then meet separately with the Mediator for the purpose of canvassing possible options for resolving your dispute, with those meetings to be private and confidential
  • During these private discussions, the other person will wait outside the mediation room
  • Everything said in these private discussions will be totally confidential and nothing revealed to the Mediator will be disclosed by him to the other person, unless express prior permission  has been given
Brainstorming options:
  • After completion of private discussions, the Mediator will convene another joint meeting with you and the other person
  • Each of you will be given an opportunity to raise your respective options for resolution of the dispute and you can then begin to negotiate an outcome with each other in the Mediator’s presence
  • With the Mediator’s assistance, additional options may be generated and negotiation facilitated, hopefully  to discover an outcome that meets the interests of both of you and  that both can  live with
Further private discussions:
  • If need be, further private discussions can be held between the Mediator and each of you  should there be any unresolved issues and to explore any further options
Agreement and conclusion:
  • If agreement has been reached during the mediation, then you and the other person  (or your lawyers) will write down the  agreement for signing
  • Further steps which may be needed to finalise and implement the agreement  can be discussed and agreed
  • If no agreement has been reached, then the mediation will end with each of you to take such further action as you may wish, without breaching the confidentiality of the whole mediation process.

Start the process today … Your dispute could soon be over!

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