Mediation is a voluntary form of dispute resolution where a neutral third party (the mediator) helps people with a conflict or dispute reach an agreement in a safe and confidential environment. All parties must consent to be part of the mediation process. Mediation provides a quick and cost-effective alternative to litigation.
Mediation is appropriate in most areas of dispute.
Mediation-Arbitration is best suited to disputes where the value of the dispute ranges from $30,000 to about $150,000. Below $30,000 the services of the Disputes Tribunal are available; between $30,000 to say, $150,000 it is highly likely that it is not cost-effective to take a dispute through the District Court given the legal fees and court costs that will be incurred.
Contact Ann Skelton for a confidential chat about your dispute and what might work best.
A facilitator's role is to help a group of people engage and communicate around a common goal. In faciliation there may be an agreed way forward, there may not always be an end to the dispute or the issue.
A mediator's role is to help people in conflict find their own solution. If parties cannot agree on a mutually acceptable outcome, then the dispute still continues after the end of the mediation.
A mediation-arbitration provides a final outcome for all parties. The parties have an opportunity to reach their own agreed solution with the assistance of the mediator, but if that is not possible then the mediator will signal to the parties that the mediation is at an end and move into an arbitration process. This may involve the mediator asking some further questions of the parties during the arbitration. The process will end that day and within 4 weeks of the mediation-arbitration, the parties will have a written decision that will bring the dispute to an end. The decision will be binding and enforceable through the courts.
At the conclusion of a successful mediation, the mediator will draft an agreement which each party and the mediator will sign.
At the conclusion of a mediation-arbitration, the mediator will give an indication of when a written decision will be provided to the parties, usually no later than 4 weeks from the date of the med-arbitration.
Mediation provides a unique approach to dispute resolution that provides flexibility in a timely manner and is a powerful alternative to litigation. Not only is there procedural flexibility and opportunity for the parties to have input into the process, but the outcome is self-determined. If mediation occurs early in the life of the dispute, numerous legal and court fees can be avoided.
The Med-Arb process concludes with a written decision that is legally binding and enforceable. The decision is also final as there is no right of appeal. It is set up this way to ensure quick and cost-effective resolution of the dispute. It suits parties who are willing to try and reach a settlement through mediation, but are at a point in their dispute that if settlement is not forthcoming, then they want the dispute to come to an end via a decision-maker.
Med-Arb provides finality but also gives the parties an opportunity to choose their own solution should that arise throughout the process. It is a valid alternative to costly litigation for disputes less than $150,000. The process takes a day to hear the parties and a written decision will be provided within 4 weeks of that day.