Which person is a neutral third party that helps parties come to an agreement?

About Australian Mediation:

What is mediation?

Mediation is a process by which a neutral third party called a mediator helps people in conflict negotiate a mutually acceptable agreement. The parties to the mediation control the outcome.

A mediator facilitates communication, promotes understanding, assists the parties to identify their needs and interests, and uses creative problem solving techniques to enable the parties to reach their own agreement.

Unlike court or arbitration, no one imposes a solution on a party. If all of the parties do not agree to the result, the dispute remains unresolved.

Mediation gives parties much more control over the way their dispute or difference is dealt with and over the outcome.

If negotiations have so far failed, mediation provides an alternative to pursuing litigation or other more formal processes. The scope for solutions is usually greater than the remedies available in courts and tribunals, or even in prolonged negotiation.

Australian Mediation – information & FAQs

Will I need legal representation in Mediation?

Because mediation is a voluntary process legal representation is not necessary for most mediations.

However, some individuals feel more comfortable with a lawyer’s assistance. Some parties also have their lawyer review settlement agreements before they sign.

How long will Mediation take?

Mediation takes considerably less time than litigation.

However, this time varies depending on the complexity of the dispute and the amount of parties involved. The average mediation lasts only six hours, but can easily extend to several weeks due to the factors previously mentioned.

Are Mediation settlements binding?

Yes. A signed settlement agreement is as enforceable as any other contractual agreement.

Some Family Law mediation agreements must be lodged with a court to be recognised.

Does Mediation replace the need for legal advice?

No. Mediation is not a substitute for legal advice.

In most mediation situations, it is advisable that parties consult with a lawyer before and during the mediation process. It is also advisable that parties have a lawyer review any written agreement before it is signed.

What happens if the parties don’t reach an agreement?

The issues after a mediation session have become more defined and clearer, so as to allow the parties to focus on what is important without the peripheral  distraction of side issues.

Usually, most issues are resolved through mediation, or at worst a majority of them, leaving the parties to pursue other remedies with their outstanding concerns.

Are Mediation services available by phone or over the internet?

Our dispute resolution services are flexible and responsive.

We have taken every step to ensure that your experience with our service is seamless and efficient. If you require teleconferencing, video-conferencing, or web-based capabilities we have the appropriate solutions to meet your needs.

Our extensive internal resources and strategic alliances are ready to provide you with excellent customer services.

What are the qualifications to be a Mediator?

The AMA only selects those Mediators who are recognized for their expertise and standing in the legal and mediation communities.

We only chose those professionals who maintain the highest degree of professionalism and integrity.

All of our mediators have extensive mediation training and exceed the mediation training requirements set forth by their local jurisdictions.

Our Services

A range of dispute resolution services is available to assist your unique business.

The AMA is committed to providing the best qualified mediators and Alternative Dispute Resolution (ADR) practitioners.

Whether it is getting both sides committed to the ADR process, or simply coordinating your case, we do the work for you. We facilitate getting the appropriate parties to the negotiation table.

Our family dispute resolution practitioners and mediators are trained ADR experts.

They work with all parties to ensure a positive experience before, during and after the ADR session.

Our expertise in dispute resolution services includes providing experienced ADR practitioners and process selection, coordinating date, time and location, and following up post-session on all cases.

We collaborate with some of the most prominent business and legal professionals in compiling our panel of ADR consultants.

Our mediators are invited to join our panel because of their proven experience and success in the field of ADR and the law. They come to us with a wide range of expertise from which to choose.

Neutrality is one of the most important aspects of alternative dispute resolution. For this reason, all of the ADR Consultants are completely independent.

They are not involved with either the administration or management of the business.

This ensures that each case is managed and resolved with the highest level of confidentiality, integrity and professionalism.

We understand the demands on your time. Call today for a free dispute resolution consultation.

1300 MEDIATE (633 428)

Let us show you how easy it can be to get your case resolved through the Australian Mediation Association.