About Mediation...

 

Morrissey Legal & Conveyancing is committed to providing a mediation service that facilitates affordable and equitable solutions.

When two or more people are in conflict for whatever reason, whether it is an over the fence neighbourhood dispute or a complex family law or commercial dispute, mediation can work to resolve it.

 

Mediation is a process in which a neutral third party, the mediator, helps the people in dispute to reach agreement.  The mediator aims to facilitate a structured and safe conversation about the issues in dispute helping the parties to focus on a realistic and reasonable outcome.  

 

Very often in a dispute neither party secures everything they want and finding a fair compromise is usually the best way to resolve the conflict.

 

The mediator does not decide the issue for the parties but rather helps them to isolate and discuss the issues with the aim of  reaching an agreement that is satisfactory to both sides.

 
The Potential Benefits:

 

  • A quicker end to the conflict.  The Court process can take a long time during which conflict can escalate considerably. If it involves immediate financial or parenting issues it can be difficult to carry on until some form of agreement is reached even if temporary until a final solution is reached.

 

  • A cheaper result.  A Court battle will be expensive for all parties and often Courts order that the loser pays.  Even if you are successful in the result often not all the costs are recovered and the emotional cost and damage are often not considered

 

  • Your say counts. Mediation gives you the flexibility of having direct input into the final result rather than a decision being imposed by a Court that neither party is happy with or wants. It is an opportunity to explore more creative outcomes than might be considered by a Court which must make decisions within the confines of formal legal procedure.

 

  • Less stressful. Although we cannot say mediation is stress free it is an informal process and considerably less stressful than going to Court.

 

  • Mediation is confidential.  Conversations in mediation are confidential and privileged. The parties sign an Agreement not to discuss with others what is said in mediation. Things that are said in mediation particularly proposals of settlement cannot be used by either party against the other if the case does not get resolved and goes to Court.

 

  • Talking it through. Often the parties are happier with a mediated outcome because they have talked it through and have had a chance to “speak their mind “and “get it off their chest”. Of course the mediator facilitates the conversation and keeps it safe. Intimidating, aggressive and/or threatening/bullying conduct is not permitted.

 

  • A chance to heal. If mediation resolves a conflict the parties are often relieved and there is an opportunity to heal the pain and resentment caused by the dispute. This is particularly important where the parties will have a continuing relationship such as a co-parenting or ongoing business relationship. Whether the parties can heal their relationships of course depends ultimately on them.

 

  • Deeper understanding. By being able to hear each other and being heard in a structured process the parties gain a deeper sense of each others point of view and how the problem is affecting the other and the resulting understanding often paves the way for resolution.

 

  • Self-determination. In mediation the parties can become empowered by the process and the opportunity to make their own determination on how to resolve the problem. Generally, people in relationships and business are happier resolving their problems themselves if possible rather than having a Court or Tribunal imposing a decision on them.