• Civil disputes that can be mediated
  Commercial disputes; workplace disputes; consumer disputes, community disputes, land claims disputes, family disputes (divorces), neighbour disputes, industrial relations disputes, medico-legal disputes; construction disputes. The list is endless.

• Disputes not suitable to mediate
  • It is the mediator’s job to decide which disputes are suitable to mediate and there are no fixed rules.
  • Each case is different and the mediator will have to evaluate the dynamics of the case beforehand.
  • Most disputes can be mediated, but the following situations do not lend themselves to mediation:
  • If the level of conflict is very high (aggression)
  • If it is a pure legal matter – like the interpretation of a contract
  • If one of the parties is in a disturbed emotional or psychological state
  • Domestic violence cases are generally not appropriate to mediate
  • If a remedy is needed from a court of law – like a protection order.

• Circumstances favouring mediation
  • If for the parties their relationship is important
  • If the parties are committed and don’t want “their day in court”
  • If costs and time are important
  • If there is no significant power imbalance
  • If the issues are multiple and/or complex
  • If confidentiality is important
  • If the parties have a need to be heard and understood

The mediation process is contained and therefore cost-effective. It is not drawn out with exorbitant legal fees, like litigation. The Parties themselves determine the time-frame and they can share the costs between them.

The goals of mediation:

• Reduce obstacles to communication between participants
• Address the needs of everyone involved
• Maximize the discovery of options and alternatives
• Help participants to achieve their own resolution
• Provide a model for future conflict resolution

The Advantages of Mediation

• Minimal involvement of the legal profession.
• Cost-effective and efficient.
• Confidential
• Self-empowering, the partners own the process
• Promotes better communication
• Bridging mistrust
• Flexible, changeable, creative
• Win-win and mutual gain outcomes
• Return to mediation for future disputes

Yes, you can. The mediation process is of a self-empowering nature, whereby the partners concerned take control of their situation and make informed decisions through suitable, workable options. Mediation is based on the principle of self-determination by the parties. It really is a process of facilitated communication and negotiations. Without deciding the issues or imposing a solution on the parties, the mediator enables them to understand each other and to reach a mutually agreeable resolution to their dispute. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit as mediation doesn’t affect people’s legal rights.

Principles

• The parties determine the outcome
• It is voluntary and off the record
• The parties choose the mediator
• The parties can share the cost of the mediation process
• The parties determine the time and place of the mediation
• Parties may be represented by legal counsel or other representatives
• A signed settlement agreement is enforceable.