QWhat is mediation?
AOne can find various very wordy definitions of mediation in text books and papers but breaking those definitions down to basic components, it really means using an impartial third party to guide parties to a dispute through a discussion in which the parties themselves may achieve a solution to the dispute.
QHow much will mediation cost and who pays?
AMy standard fee is $ 300 (plus GST) per hour. The length of mediation can vary to between 3 hours to several days, depending on the nature of the dispute and the parties” needs. Other fee structures may be negotiated.
Parties to mediation usually share the costs but again, one party may agree to pay more than half or the entire fee. Regardless of the fee structure and who pays, the mediator’s role remains the same and he or she is obliged to maintain neutrality.
QIf I want to mediate what do I do?
AYou can approach the other party or parties and ask them if they are willing or, you can ask a mediator to approach them to ascertain if they are willing to enter into mediation.
QWhat if the other side does not want to mediate?
AMediation is a voluntary process so a party cannot be forced to take part. If one party does not wish to participate, you may have to take legal or other advice as to what other options there are to resolve the issue.
Some court jurisdictions will often insist on mediation as a prerequisite to commencing litigation (in family law disputes for example) or, they will expect the parties to attend mediation at an early stage in the process (in estate disputes or unfair dismissal disputes, for example).
QWill mediation work?
AMediation has a high success rate but there is obviously no guarantee you will achieve complete resolution at mediation. However, even if complete resolution cannot be achieved it can often still assist parties in better understanding each other’s respective positions- and settlement may occur at some future point.
QHow do I know that an agreement reached at mediation will be kept?
AParties attend mediation voluntarily and any agreement arrived at is one they have worked out themselves. As a result, it is more likely that an agreement will be complied with.
Because the agreement is drawn up by the parties (and not the mediator, who remains neutral throughout the process), the parties may want to consider for themselves what should happen in the event of non- compliance with an agreement.