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FAQs
Find answers to commonly asked questions about Business Mediation
What is mediation?
Mediation is a process where an independent and impartial third person helps to find an agreed outcome between you and the person with whom you are in disagreement.
The mediator’s role is to assist participants to identify key issues, facilitate respectful discussion and help participants to consider options and negotiate outcomes.
The goal at Business Mediation Australia is to arrive at a negotiated agreement that settles your dispute/s and avoids the expensive and stressful legal path.
Does the mediator decide on our outcome?
No. A mediator is not a decision-maker like a judge.
A skilled mediator will conduct the process in a neutral and impartial fashion and assist parties to resolve the issue themselves. Either party can discontinue discussions at any point of the mediation if they choose. Decisions cannot be forced on either party. Any settlement must be agreed upon and accepted by all participants.
Why try mediation?
Mediation is a low-risk method that delivers high rates of success.
It’s also practical and relatively informal, and unencumbered by courtroom procedures or legal technicalities. In most cases, mediation is significantly faster, less expensive and less emotionally draining than litigation.
Mediation empowers the parties to retain control of the critical decisions that affect their personal, financial and business interests, enabling parties to fashion their own solution rather than have one imposed upon them.
Are the things we discuss in mediation confidential?
Everything discussed at mediation is confidential.
If matters are not resolved, what you have said or have offered as a settlement cannot be used against you in later court proceedings. Neither the mediator nor the participants involved are allowed to disclose what has been discussed to others or use it in court. This encourages each participant to put it all on the table in an aim to resolve issues. The only exception to confidentiality is where a child or person is at risk, then a mediator has an obligation to report their concerns to the appropriate authorities.
What if we don’t agree?
Our mediation success rate is 95%. Most mediations achieve resolution of at least a majority of the issues.
If you cannot resolve your differences in mediation, you’ve likely had some wins anyway: you will have spent a very limited amount of time and money and hopefully mediation has been able to assist in dialogue that may lead to a settlement out of court, further down the track.
If the other party has not agreed to mediate, how do I get to mediation?
Where you wish to mediate and the other person has not yet agreed, we will – without cost or commitment – contact them and discuss the possibility of mediation. In most cases, we are able to encourage the other person to participate in mediation in an attempt to resolve issues.
Can I bring my lawyer or a support person to mediation?
Yes. No problems, provided both of you agree it’s OK to have lawyers (or anyone else) there to support you.
How long does a mediation session take?
This depends on the complexity of the issues being discussed. Typically, mediation will be scheduled for either a half day or a full day.
Can I arrange mediation if the legal process has already started?
Yes. In fact, the law encourages it.
Do I have to be in the same room as the other party?
Not necessarily. If required, the mediator can “shuttle” between two separate rooms, or you can utilise our online mediation process.
If you have concerns on this topic, please call us to discuss.
Can’t see an answer to your question?
Reach out today and we’ll answer it for you. We’d love to help.
5 questions to ask when choosing a mediator.
Just as a lawyer can’t guarantee the final judgment in a case, a mediator can’t guarantee that your case will settle at the end of mediation.
But, choosing a mediator that all parties can trust and can develop a comfortable rapport with? It’s a decision that’s too important to leave to chance.
Here are 5 questions to ask when choosing a mediator:
- What is your experience with a case like mine?
- How will you assist with resolution if the other party and I are on opposite ends of how we view the circumstances?
- What can we expect from the mediation process?
- Do you specialise only in business mediation?
- How are you different from other mediators?
Overall, it’s important you feel comfortable having your thoughts and feelings heard by your mediator, and that you’re confident they’re equipped to help with your specific circumstance.
The best way to find out is by organising a phone call with us. Let’s see if we’re the right fit.
What our clients say
From small, private entities to large, public operations, government organisations and more, our diverse range of clients share a single, tightly-held perspective: that good mediation is worth its weight in gold.