Mediation2019-09-21T11:33:52+10:00

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 Training - Melbourne
    • Days 1 - 3
      December 11, 2019 - December 13, 2019
      8:30 am - 5:00 pm
    • Days 4 - 5
      December 16, 2019 - December 17, 2019
      8:30 am - 5:00 pm

    About the ADC Mediation Course An ADR industry leader, ADC has been at the forefront of providing mediation training courses since 1986. Recognised nationally and…

  • Conflict Resolution & ADR - Melbourne
    • December 11, 2019
      8:30 am - 5:00 pm

    Ever wished you could manage conflict better? Better still, even avoid it before it begins? Conflict happens in all organisations and communities. Discover how to minimise…

  • Mediation Refresher Training - Melbourne
    • One day Mediation Refresher Training
      December 16, 2019
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      December 17, 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 - Melbourne
    • December 18, 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 Training - Sydney
    • Days 1 - 3
      January 15, 2020 - January 17, 2020
      8:30 am - 5:00 pm
    • Days 4 - 5
      January 20, 2020 - January 21, 2020
      8:30 am - 5:00 pm

    About the ADC Mediation Course An ADR industry leader, ADC has been at the forefront of providing mediation training courses since 1986. Recognised nationally and…

  • Conflict Resolution & ADR - Sydney
    • January 15, 2020
      8:30 am - 5:00 pm

    Ever wished you could manage conflict better? Better still, even avoid it before it begins? Conflict happens in all organisations and communities. Discover how to minimise…

  • Mediation Training - Canberra
    • Days 1 - 2
      January 16, 2020 - January 17, 2020
      8:30 am - 5:00 pm
    • Days 3 - 5
      January 20, 2020 - January 22, 2020
      8:30 am - 5:00 pm

    Multidisciplinary Participation ADC’s mediation training is suitable for participants from a broad range of professions and sectors including: business; government; law; tertiary academics and students;…

  • Conflict Resolution & ADR - Canberra
    • January 16, 2020
      8:30 am - 5:00 pm

    Ever wished you could manage conflict better? Better still, even avoid it before it begins? Conflict happens in all organisations and communities. Discover how to minimise…

  • Mediation Refresher Training - Sydney
    • One day Mediation Refresher Training
      January 20, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      January 21, 2020
      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 Refresher Training - Canberra
    • One day Mediation Refresher Training
      January 21, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      January 22, 2020
      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…

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