All you’ve always wanted to know about Mediation Gold Coast
You’ve probably heard about mediation but don’t understand what it is. Or you sort of understand that it’s a process business and people on the Gold Coast use to open communication lines.
Yet, what, exactly is mediation, Gold Coast and does the process work?
Mediation is seen as a formal negotiation process presided by a neutral person called the mediator. The role of the mediator is to open communication lines among businesses or people involved in disputes or conflicts.
Ground rules are established by the mediator at the start of the mediation process. The mediator’s role during the mediation process includes:
- Guiding the people in identifying all the issues involved
- Giving priority to the desires and needs of the involved people
- Come up with a type of resolution that works for all participants
- Assist people to come up with possible creative solutions
Purpose of the mediation
Litigation between parties often brings on financial and emotional trauma. Mediation is a process that is meant to avoid this. The open arena provided by the mediation process enables parties to come to an agreement based on their evaluated options.
Who are qualified to become a mediator?
There are no licensing or credential requirements for mediators. The choice of a mediator is usually supplied by judges, lawyers, and mental health practitioners.
What is the best time to start mediation?
Nipping the problem at the bud is the best intervention time. It means that starting mediation at the outset of the problem is the best preventative action against lawsuits. The mediation process may not work effectively when a party has started to file a lawsuit.
The court could often order a mediation process. When this happens, compliance between parties is required for them to avoid sanctions. The feuding parties are also required to sign a mediation agreement and must attend all mediation sessions. The role of the mediator at the start is to:
- Set ground rules
- Clearly describe the process
- Open to answer questions from both parties
- Provide information
- Encourage parties to come up with options
- Avoid giving pieces of advice
Does a mediator have the power to decide a case?
No, the mediator does not have the power to decide a case. The role of the mediator is to make suggestions, assist both parties, encourage them to come up with options, and reach an agreement.
Is it legal to disclose the contents of the mediation process in court?
Every mediation process is considered confidential and private. Subpoenaing a mediator is not part of the agreement signed by both parties during the mediation process. Permission must be given by lawyers of a party before facts about the mediation process are divulged to another party.
Can both parties need help from lawyers during the process?
The mediation process has no set rules. It means that the desires of the parties, the mediator, and the nature of the dispute determine whether lawyers are allowed during the process.
Is mediation an effective tool?
It has been seen that a lesser chance of going to court happens when parties undergo a mediation process. However, there are also instances wherein both parties do not come into an agreement. Yet, complying with the mediated agreements is seen in many disputes.
Emotional and financial trauma can be avoided by disputing parties when they agree to a mediation process before going to court. Contact us at Stradbroke Dispute Resolution Centre to know more.