Effective dispute resolution through mediation

Mediation is a consensual process in which an independent and impartial person, the mediator, works with the disputing parties to help them explore and, if appropriate, reach a mutually acceptable resolution to some or all of the issues in dispute.

 

The mediator has no decision-making authority regarding the outcome and has no power to impose such on the parties.

 

Mediation is especially appropriate where:

• Relationships between the parties are important and continuing

• Bad communication and resultant misunderstandings are involved

• Confidentiality is important

• The parties need the opportunity to talk openly and frankly

• Technical or legal uncertainties are involved and warrant discussion

• The parties wish to determine their own outcome and not have imposed on them by a third party

• The parties wish to minimise legal costs and save time

 

The key to a successful mediation is ownership by the parties in dispute of both the process and outcome. To assist the parties obtain that ownership the mediator is primarily a facilitator between the parties assisting them to, for example

• Identify the real issues in dispute

• Help the parties explain those issues to each other

• Identify points of agreement between the parties 

• Discuss ways of resolving areas of disagreement

• Assist the parties formulate the settlement agreement 

 

As a trained and qualified mediator, David has had many years of experience facilitating discussions in situations where the parties have been unable to resolve their problems without external assistance. Often these disputes involve high emotion and in some instances, have been on-going for many years. He is adept in helping parties identify the key issues in dispute and working with them to obtain sustainable and enduring resolution.