About Mediation
Mediation is an alternative dispute resolution process - i.e., an alternative to the litigation and judicial process. With the assistance of an independent and impartial mediator, mediation brings disputing parties together to:
- identify the issues in dispute
- develop options for resolution
- consider alternatives
- reach a mutually agreed outcome
Mediation may be undertaken voluntarily, under a court order or as part of a contractual agreement.
Role of the Mediator
A mediator has no advisory or determinative role in regard to the content of a dispute or the parties' resolution to their dispute.
A mediator's role is to facilitate and manage the dispute resolution process. This involves guiding the disputing parties in how they:
- express themselves and communicate with each other
- identify the issues in dispute
- explore and define their concerns
- generate and discuss options for resolution
- evaluate options and negotiate an agreed outcome
- finalise and formalise an agreement
When Can Mediation Be Used?
Mediation may be used for a vast range of disputes including:
- workplace grievances
- commercial, business and contractual disputes
- statutory, court or tribunal matters
- family, relationship and property disputes
- wills and estates
- community and local government disputes
Advantages of Mediation
Advantages of Mediation include:
- can be arranged quickly
- conducted at a mutually convenient time and place for the parties involved
- parties can choose the mediator
- parties are directly involved in all aspects of the process
- less expensive, time consuming and formal than the litigation/judicial process
- parties are provided with equal opportunity to be heard
- focus is on mutual problem solving rather than blame or right and wrong
- proceedings are confidential (as far as the law allows)
- agreements and settlements are tailored to suit the parties and are not limited to financial settlements
- settlement is final and binding (as far as the law allows)
Family Dispute Resolution
Current Australian family law requires separating families who have disputes about children to make a genuine effort to resolve their disputes via Family Dispute Resolution (FDR) before filing for parenting orders in court. This requirement includes those families wishing to change existing parenting orders. There are only a few exceptions to this legal requirement – eg, cases involving family violence, child abuse or urgency. Truce Mediation provides parenting related Family Dispute Resolution (FDR) services in line with the Family Law Act 1975.
FDR is also often used for sorting out family properly matters, although for property matters FDR is a voluntary process. Having said that, it is not uncommon for the Federal Magistrates Court to refer property matters for property FDR prior to the court issuing property orders. Truce Mediation provides property related Family Dispute Resolution (FDR) services in line with the Family Law Act 1975.
All Truce Mediation Family Dispute Resolution Practitioners have been specifically trained in FDR mediation, and are accredited with the Australian Government Attorney-General's Department.
