Mediation2019-09-21T11:33:52+11:00

Overview

Mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted. Mediation may be undertaken voluntarily, under a court order, or subject to an existing contractual agreement.

Co-mediation

Co-mediation is a process in which the parties to a dispute, with the assistance of two dispute resolution practitioners (the mediators), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role on the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted.

Med-Arb

Med-arb refers to the mediation-arbitration procedure, a hybrid dispute resolution process which combines mediation and arbitration. The parties to a dispute mutually agree to mediation and, in the event that the mediation is unsuccessful, to arbitration.

Multi-party mediation

Multi-party mediation is a mediation process, which involves several parties or groups of parties.

Shuttle mediation

Shuttle mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement without being brought together. The mediator has no advisory or determinative role on the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted. A feature of Shuttle Mediation is the mediator moving between parties who are located in different rooms, or meet different parties at different times for all or part of the process.

Industry Insights

Off With The Wig: Issues That Arise For Advocates When Switching From the Courtroom To The Negotiating Table [Here]

Practitioners’ resources

  • Mediation – A Preferred Method of Dispute Resolution – Kenneth R Feinberg [Here]
  • Use and abuse of private session and shuttle in mediation and conciliation – Mieke Brandon [Here]
  • Mediation and the Art of Shuttle Diplomacy – David A. Hoffman [Here]
  • Getting the Best of Both Worlds with Med-Arb – Alan Limbury [Here]

Upcoming Events

  • Mediation Refresher Training - Cairns
    • One day Mediation Refresher Training
      October 21, 2019
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      October 22, 2019
      8:30 am - 5:00 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Mediation Accreditation Day - Cairns
    • October 23, 2019
      8:30 am - 5:00 pm

    Mediation course participants seeking formal recognition of their skills are eligible to enrol in ADC’s accreditation program. ADC’s Mediation Training meets the requirements set out…

  • ADR Address Supreme Court of South Australia
    • October 23, 2019
      5:30 pm - 7:15 pm

     

  • Dispute Resolution and the Abrahamic Faiths
    • Commencing 5.45pm AEDT - State & Territory Time Zones Apply
      October 24, 2019
      5:45 pm - 7:00 pm
  • Mediation Accreditation Day - Sydney
    • October 28, 2019
      8:30 am - 5:00 pm

    Mediation course participants seeking formal recognition of their skills are eligible to enrol in ADC’s accreditation program. ADC’s Mediation Training meets the requirements set out…

  • Mediation Refresher Training - Brisbane
    • One day Mediation Refresher Training
      November 1, 2019
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      November 7, 2019
      8:30 am - 5:00 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Mediation Accreditation Day - Sydney
    • November 4, 2019
      8:30 am - 5:00 pm

    Mediation course participants seeking formal recognition of their skills are eligible to enrol in ADC’s accreditation program. ADC’s Mediation Training meets the requirements set out…

  • Mediation Refresher Training - Alice Springs
    • One day Mediation Refresher Training
      November 4, 2019
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      November 5, 2019
      8:30 am - 5:00 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…

  • Mediation Accreditation Day - Alice Springs
    • November 6, 2019
      8:30 am - 5:00 pm

    Mediation course participants seeking formal recognition of their skills are eligible to enrol in ADC’s accreditation program. ADC’s Mediation Training meets the requirements set out…

  • Mediation Accreditation Day - Brisbane
    • November 8, 2019
      8:30 am - 5:00 pm

    Mediation course participants seeking formal recognition of their skills are eligible to enrol in ADC’s accreditation program. ADC’s Mediation Training meets the requirements set out…

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