What is Mediation?
If you are in a dispute with someone, you have a number of options for trying to sort it out. You might be able to just talk to them, and reach an agreement just by negotiating with them. If that doesn't work some people think their only option is to seek legal advice and go to court. Some may even take this as the first step. But going to court is a dire step - it is costly, can take a long time and often people find that once lawyers take over, they lose control of their dispute and find themselves acting in ways that bring out the worst in them. By the end of it all, no matter what the judge awards, both sides feel like the loser.
Mediation is an alternative if you find that you aren't getting anywhere just by talking to the other person. Maybe they don't want to talk, or maybe it just ends up in a fight. Involving a mediator is a way to create the right environment for reaching an agreement.
Who is a mediator?
All the mediators at Goodhardt Mediation have post-graduate qualifications in Conflict Resolution. That means that unlike someone who may have done a four day course in mediation, they have spent a long time studying the dynamics of conflict and have become very skilled in helping people to repair what has gone wrong between them. Some conflicts may mean that things will never be the same between the two people concerned, but the mediator will help them both work towards a new understanding of each other that both can live with.
How does Mediation work?
The Mediator takes the role of an impartial third party. They will not tell you what do, nor will they say who is right or wrong or what agreement you should reach. Mediators will help by guiding you thought a process - all of the content will come from you and the other party. Mediation allows each person to have their say, and the mediator will make sure that you have really been heard. There will also be time for you to listen to the other person, just as they will listen to you. At some points the mediator may speak with each person individually. Confidentiality is assured at all times. The mediator may help you generate options that meet your needs and if you want to work towards an agreement, the mediator can help you do that too.
Mediation is confidential.
Unlike court proceedings, which are usually open to the public, Mediation is completely confidential. Different types of mediation are covered by different laws, but the effect in most cases is the same - that nothing said in the mediation room can be used as evidence in any future legal hearing. So you can freely negotiate without it affecting matters if you don't reach a satisfactory agreement.
Mediation is voluntary
Everyone involved - the parties and the mediators - are involved because they choose to be. If at any point during a mediation you feel uncomfortable and wish to withdraw, no pressure will be applied to force you, or anyone, to stay.
What kind of disputes can Mediation deal with?
Almost any dispute could be helped by mediation. Mediation has helped people involved in multi-million dollar construction disputes, and neighbours arguing about the line of a garden fence. At Goodhardt Mediation we specialise in helping divorcing couples reach an agreement about taking care of their children and dividing their property. We also deal with employer/employee disputes and those between neighbours both business and residential.
What should I do now?
If you would like to book an initial appointment with one of our mediators, please click here to send an email, or telephone (03) 9507 2249.