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 - Adelaide
    • Days 1 - 3
      February 26, 2020 - February 28, 2020
      8:30 am - 5:00 pm
    • Days 4 - 5
      March 2, 2020 - March 3, 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…

  • Conflict Resolution & ADR - Adelaide
    • February 26, 2020
      8:30 am - 5:00 pm

    Have you ever thought 'I could have managed that conflict situation better'? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Adelaide
    • One day Mediation Refresher Training
      March 2, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      March 3, 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 Accreditation Day - Adelaide
    • March 4, 2020
      8:30 am - 5:00 pm

    Industry Approved Pathway to Australian National Mediation Accreditation Internationally approved by the Chartered Institute of Arbitrators 1-Day Accreditation Program ADC’s 5-day mediation course participants who…

  • Mediation Training - Sydney
    • Days 1 - 3
      March 4, 2020 - March 6, 2020
      8:30 am - 5:00 pm
    • Days 4 - 5
      March 9, 2020 - March 10, 2020
      8:30 am - 5:00 pm

    Your Mediation Training: choose the ADC difference How do you become a nationally accredited mediator, a more effective negotiator, a ‘mediation-skilled’ legal adviser, a more effective…

  • Conflict Resolution & ADR - Sydney
    • March 4, 2020
      8:30 am - 5:00 pm

    Have you ever thought 'I could have managed that conflict situation better'? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Sydney
    • One day Mediation Refresher Training
      March 9, 2020
      8:30 am - 5:00 pm
    • One day Mediation Refresher Training
      March 10, 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 Accreditation Day - Sydney
    • March 11, 2020
      8:30 am - 5:00 pm

    Industry Approved Pathway to Australian National Mediation Accreditation Internationally approved by the Chartered Institute of Arbitrators 1-Day Accreditation Program ADC’s 5-day mediation course participants who…

  • Dispute Resolution and the Abrahamic Faiths
    • Commencing 5.45pm AEDT - State & Territory Time Zones Apply
      March 19, 2020
      5:45 pm - 7:00 pm
  • Mediating in the Headlights of Litigation and Arbitration
    • 1 Day - Commercial Mediation Masterclass & Networking Cocktail Party (Eligible for 8+ CPD Points)
      March 25, 2020
      8:30 am - 5:00 pm
    • All 3 Days - Advanced Commercial Mediation Accreditation (Eligible for 25+ CPD Points)
      March 25, 2020 - March 27, 2020
      8:30 am - 5:00 pm
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