What's the point of Mediation?
What is mediation?
Most people have heard of mediation, but few have an understanding of what it really is. Simply put, mediation is trying to resolve conflict without going to court or getting lawyers involved. And I guess that sounds pretty rich coming from a lawyer! But I'm a lawyer who now practices predominately as a mediator because I believe in the many benefits of mediation.
After representing clients in court for many years I've found that many people walk out of court (sometimes years later) much poorer, totally exhausted and often feeling very disappointed. Not feeling a sense of justice. Not feeling like they have won, even if they've achieved their ultimate outcome.
Mediation on the flip side is usually a process that is arranged quickly, cost effectively and allows the parties to have control of the decisions they make. It works because as a qualified mediator, I can facilitate a conversation and get to the bottom of what the problems really are and how we can find a solution.
How does it work?
After the parties agree on a date and time for the mediation they will be required to complete confidential intake forms. I will read these so I have a better understanding of what your dispute is about. Some people prefer to provide me with their court documents so not to duplicate work and that's ok too.
Both parties in the dispute will come in for the mediation usually at the French Quarter Mediation Centre, Carrara on the Gold Coast. Some parties will sit in the same room, and others might not. People make their choices for a variety of reasons.
After a brief introduction I start by asking what brings you to mediation. That opens up a dialogue for understanding what the conflicts are really about.
As a qualified mediator I facilitate a conversation whereby everyone has a voice, and everyone is treated in a respectful manner.
Why does it work so well?
It works because I can open an unbiased conversation between the parties to find out what your problems are really about. You may have tried to talk about this conflict before, but it has ended in tears, raised voices or such heightened emotion that a solution couldn't be found. I am able, as a mediator, to steady that emotional ship, and get to the heart of the problem and focus on future solutions.
What does it cost?
My fee's are fixed and are inclusive of venue hire at French Quarter Chambers and GST.
Full Day $1725 per party ($3450 in total)
Usually the parties pay half my costs each. However, sometimes people make other arrangements as to how my fees are paid.