FAQ

Q?How do I prepare for mediation?
A.

• Consent that mediation is a continuation of your previous negotiation efforts, using a more structured process with a neutral mediator.
• Prior to the mediation you should consult with any advisors and fully understand all the legal aspects of your dispute.
• Determine how much your dispute has cost you to date, and what the costs will be if you have to go all the way to trial, and what the possible outcomes of the trail could be.
• Familiarise yourself with the mediation process and the various stages.
• Be prepared and know all your facts!
• Be prepared to listen to the other parties. There are usually some unknowns and some surprises.
• Be prepared to identify and address the emotional issues associated with the dispute.
• Determine the range of your options. Consider what would be your best outcome, the most likely outcome, and the worst possible acceptable outcome before you walk away from the mediation with no agreement.
• Consider the strengths and weaknesses of the arguments most likely to be presented by the other parties.
• Consider the implications if you do not reach an agreement during the mediation process.
• Be open minded, rational and objective. There may be some options leading to a solution which you have not considered so you may need to be flexible and change your perspective on issues during the mediation process.
• Be prepared to make smart or wise decisions. Mediation empowers the parties to reach their own agreements, however this requires you to be responsible for making decisions to achieve a solution.
• Trust the mediator and the process. They are neutral and the process has a high success rate.

Q?Why is payment made in advance?
A.

• Payment in advance by both parties is standard practice for mediations as it enables the mediator to obtain the commitment of both parties to participate in the mediation process.
• It also ensures that both parties have a vested interest in a successful and timely conclusion to the mediation process.

Q?Who pays for the mediation?
A.

• The cost of the mediation is shared equally between all the parties unless otherwise agreed prior.
• Each party pays its share of the expected cost of the mediation prior to the start of the mediation process.
• Each party pays for all their own costs associated with participating in the mediation.
• At the conclusion of the mediation, MIM Mediation will either invoice the parties for any shortfall or refund them any excess payment.

Q?What is the cost of mediation?
A.

• MIM Mediation bases its costs on the time involved with the mediation.
• Our costing’s are structured as 2 Hour, ½ Day or Full Day models and are identical whether the mediation is conducted with everyone physically together or on-line via video hook-up.
• These models include the mediation itself, prior intake interviews with the people involved and associated administration discussion before and after the mediation.
• Other costs may include; room hire, travel and catering.
• By providing MIM Mediation with some background we would be happy to provide you with an estimated cost of the mediation associated with your dispute.

Q?What is Mediation?
A.

• Mediation is a better option than going to court. It is faster, the participants control the outcome and it costs less.
• Mediation is also known as ADR, conflict resolution, arbitration and conciliation which all mean consensus-based processes that encourage resolution outside of the court system.
• Mediation is a voluntary and confidential process in which an impartial third-party assists people discuss difficult issues and negotiate an agreement.
• Each person has an opportunity to tell their side of the story. The mediator listens and guides the process to increase understanding between the parties. The aim is to help participants reach a mutually agreeable solution by looking at options and working towards their own resolution.
• A mediation agreement can lead to a more positive relationship in the future between private individuals, as well as businesses that have traded together, and may want to continue to do so.
• Any party including the mediator may withdraw from the mediation at any time.
• The outcome is a result of the negotiation, not the mediator’s solution. The mediator provides no advise in regard to the content of the dispute or the outcome, but may advise on or determine the process of mediation to be used.
• Any settlement reached through the mediation is written down by the parties and an agreement signed by each side to complete the mediation process. Once signed this agreement is as binding and enforceable as any other contract.
• All negotiations during mediation are non-binding and confidential.

Q?Why Mediate?
A.

• Mediation is a voluntary negotiation process focused on resolving the problem rather than debating a legal issue.
• Mediation is both quicker and less expensive than litigation without the extra stress.
• The mediation process is more flexible and not bound by Court procedures, timeframes or protocols.
• The parties play an active role in the process. They are able to express their frustrations, feelings and interests and hear those of the opposing parties. This enables the parties to address all the issues and reach solutions that may not be possible via litigation.
• The parties find their own solution to the dispute, and are therefore more likely to be satisfied with the outcome.
• The mediation process is not adversarial, and therefore helps to maintain and even restore relationships for the future.

Q?Is Mediation Confidential?
A.

• Yes. The mediation is held with only the people involved and is not open to the public.
• All parties involved in mediation are subject to a confidentiality agreement. Unless otherwise required by law, the details and discussions from the mediation cannot be given later as evidence in any ensuing Court proceeding.
• Private sessions held with the mediator by one of the parties during the mediation are also confidential.
• Apart from any actual agreement reached during mediation, no details of the mediation are recorded for the future.

Q?What is the role of mediator?
A.

• The mediator’s role is to manage and facilitate the communication, negotiation, and the decision making processes between the parties.
• The mediator aims to be neutral and impartial, he or she does not establish the facts or decide whether either party is right or wrong.
• The mediator defines some courtesy ground rules: respect for everyone present and allowing each person to speak without interruption during the mediation.
• The mediator uses his or her skills to assist the parties to explore the issues in depth and reach the best possible outcome for the given circumstances.
• The mediator assists the parties communicate effectively with each other and maintain and build a good relationship through the process rather than allow the conflict to deteriorate further.

Q?Where are the mediations held?
A.

• Mediations are held wherever is best suited for that particular mediation.
• Usually the mediations are held on neutral ground to eliminate interruptions and bias and MIM mediation will arrange rooms if needed.
• MIM Mediation also provides the ability to conduct the mediation on-line via video hook-up.
• This offers considerable travel and accommodation savings if the parties are isolated or based in different cities.
• The video hook-up is also beneficial if there are other reasons parties cannot be in the same room.

Q?Are mediators qualified?
A.

• Yes. All MIM Mediation mediators are trained, accredited mediators with relevant skills and experience.
• MIM Mediation mediators comply with the National Mediation Accreditation System (NMAS) Practice Standards and also adhere to the Ethical Standards of their member organisations.
• They must also maintain a level of professional development each year, by attending seminars and updating their skills as set out by the NMAS.
• Only Registered Family Dispute Resolution Practitioners may issue 60i certificates. These certificates are required for all new parenting disputes in family law cases, prior to filing for Court.

Q?Who should attend the mediation?
A.

• All parties to the dispute volunteer to attend the mediation. Where a party is not a natural person, e.g, a company, then a properly authorised person with written authority to settle the dispute is required to represent it.
• You can arrange for your legal representatives or a support person to attend the mediation. Details of who will attend the mediation will be discussed and agreed during the pre-mediation meeting.
• The roles of participants in the mediation will be clarified at the start of the mediation. A support person should not participate in the mediation; they are there to for your support.
• As the parties involved in the dispute are actively involved in the mediation process, legal representation is not necessary at a voluntary mediation. However both parties may want to have their professional advisors present or available by phone if the dispute or solution is complex, or they feel more comfortable with some legal representation.

Q?What is the cost of mediation?
A.

• MIM Mediation bases its costs on the time involved with the mediation.
• Our costing’s are structured as 2 Hour, ½ Day or Full Day models and are identical whether the mediation is conducted with everyone physically together or on-line via video hook-up.
• These models include the mediation itself, prior intake interviews with the people involved and associated administration discussion before and after the mediation.
• Other costs may include; room hire, travel and catering.
• By providing MIM Mediation with some background we would be happy to provide you with an estimated cost of the mediation associated with your dispute.