Mediation

Dispute Resolution and Mediation

Mediation is a form of Alternative Dispute Resolution, where the mediator takes the role of a neutral third party in assisting two or more parties in dispute to seek some resolution.

Mediation is different from arbitration and conciliation, in that a mediator cannot impose solutions or decisions, however the mediator can facilitate the exploration of issues preventing any joint decisions being achieved.

Dispute Resolution and Family Dispute Resolution

It is now required by the law that separating families make an genuine effort to resolve disputes relating to separation and divorce as an alternative to court. This includes disputes about parenting arrangements and financial matters. A genuine effort to resolve disputes must be made before separating partners can apply to the Family Court. A certificate may be issued by the family dispute resolution practitioner allowing the way for an application to court. Family Dispute Resolution is a means of resolving the disputes without a third party (the family court) making a decision, and can save time, money and stress.

Disputes managed through alternative dispute resolution methods at Bower Place include individual to individual and individual to organisation matters, Family Law and Industrial matters, workplace relationship issues, employer-employee disputes and corporate matters.

It is important to appreciate the fact that dispute, conflict, argument, difference and disagreement are an integral, healthy and ordinary part of everyday life.

It is also a fact however that some matters of dispute between people escalate to the point that the parties have less influence over the process and outcome than they would like. The interaction between the parties threatens to get out of hand and out of control. Such disputes are often emotionally paralysing and mentally all-consuming for those caught up in the dispute itself. People often behave in ways that they regret and reflect poorly upon them. Aggression, verbal abuse and violence are not at all infrequent in such matters.

An expert mediator, conciliator or arbitrator is a professional and neutral third party who is able to genuinely appreciate the position and perspective of each side to the dispute. Balance is the hallmark of such professionals and they are able to work fairly and equitably with all to achieve a durable resolution of a matter that initially may have appeared intractable.