{"id":235,"date":"2015-02-20T16:41:43","date_gmt":"2015-02-20T05:41:43","guid":{"rendered":"http:\/\/adc.nfshost.com\/?page_id=235"},"modified":"2019-09-21T11:33:52","modified_gmt":"2019-09-21T01:33:52","slug":"mediation","status":"publish","type":"page","link":"https:\/\/disputescentre.com.au\/mediation\/","title":{"rendered":"Mediation"},"content":{"rendered":"

Overview<\/strong><\/h2>\n

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.<\/p>\n

Co-mediation<\/strong><\/h4>\n

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.<\/p>\n

Med-Arb<\/strong><\/h4>\n

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.<\/p>\n

Multi-party mediation<\/strong><\/h4>\n

Multi-party mediation is a mediation process, which involves several parties or groups of parties.<\/p>\n

Shuttle mediation<\/strong><\/h4>\n

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.<\/p>\n<\/div>

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Industry Insights<\/h3>\n

Off With The Wig: Issues That Arise For Advocates When Switching From the Courtroom To The Negotiating Table [Here<\/a>]<\/p>\n

Practitioners’ resources<\/strong><\/h3>\n