Mediation is the most commonly used dispute resolution process in Australia, with many thousands of cases resolved each year. The process comes in many forms, so it’s important to understand what you’re getting into before signing up.
Our Mediations are solution-oriented, constructive negotiation processes, facilitated by an expert, neutral Mediator. We guide parties to agreed solutions that address both the presenting dispute and its underlying causes. Our “Solutionist Mediation” process helps to heal wounds and strengthen damaged relationships.
It is totally scalable and effective for almost any size or type of dispute, from non-monetary, family and family business disputes and workplace conflicts to multi-million dollar commercial disputes.
Our Mediation service is quick, practical, confidential and comprehensible. Parties are encouraged to participate in the process. They usually find this empowering, because they gain ownership of the solution and of the process that got them there.
There are four fundamental process stages. The first two stages look at the problem in the “here and now”; the second two stages develop solutions for moving forward:
- Identify: Situation and Needs Analysis – understand what is going on, what are the perceived problems and what are the parties’ identifiable needs and interests?
- Assess and Deconstruct: Break the people and the issues down into their component parts and work through the results, piece by piece. Encourage altered perspectives, as they present themselves and as appropriate.
- Generate Options – Work with the parties to reconstruct the current and future situation in more positive forms that are both mutually acceptable and appealing.
- Written Agreement – craft points of agreement into a resolution agreement. This may comprise any form or combination of actions, acknowledgements, undertakings, behaviours or payments. Whatever works for all the parties is a good agreement!
Our mediation services can generally resolve disputes for less than 10% of the time and costs that would be incurred through conventional litigation. In practice, this means that a relatively minor litigation matter that would take at least 2 years to run through the courts, at a cost of not less than $200,000 per party, will be resolved within 2 months for less than $20,000, per party (ie: including legal fees!). The reduced collateral damage and personal stress is, of course, priceless!
When parties participate voluntarily in mediations, global statistics suggest that around 80% of disputes are resolved by agreement. Our own success rate has been well over 90% for many years, for commercial and private mediations. Complex family business conflicts have a significantly lower success rate.
Our Mediation Services are privately commissioned. We guarantee excellent attention and quick results. Most disputes can be resolved within weeks. Even complex disputes only take a few months.
If you need Mediation Services, please call, or contact: The Solutionist Group.