What is Mediation?
Mediation is a confidential non-adversarial process which assists parties to resolve disputes by appointing an independent mediator to identify and discuss the issues in dispute, examine options to resolve those issues and seek to resolve the dispute. The parties and mediator enter into an agreement that sets out the objectives and process to be followed.
What does a mediation session involve?
In most mediations, after the parties have entered into a mediation agreement with the mediator, the mediator will, in consultation with the parties, propose directions to prepare for the mediation. These directions generally involve the parties exchanging relevant documents and short statements setting out the issues and how they wish to resolve the dispute. In more complex matters, it may be necessary to address factual, expert and legal issues in some detail. It may be appropriate for experts to be involved (for example, engineers in a building dispute). During the mediation session, the mediator invites each party to present its opening statement, which ideally will address the issues and outcomes they would like to achieve. These discussions are usually held with all parties (and their advisors) in the same room. The mediator controls the discussion process and assists the parties to isolate the issues and then discuss options to resolve those issues. On occasions, the mediator will invite the parties to have separate, private sessions with the mediator, and may thereafter convene a further joint process. The purpose of the private session is to enable the mediator to learn more about a party’s concerns. Discussions in a private session with the mediator will not be disclosed to any other party involved in the mediation unless the mediator is expressly authorised to disclose those matters. If the parties reach agreement, the parties will be directed to prepare a written agreement. On occasions, due to the complexity of a matter, it may be necessary to involve solicitors to assist parties to document a binding settlement agreement.
Is mediation confidential?
Yes, mediation is a confidential process. Subject to some exceptions, documents prepared for a mediation and discussions held during mediation sessions are confidential and may not be used as evidence in subsequent Court proceedings.
Can I mediate online or over the telephone or by video link?
Yes. Vohralik Mediation is able to negotiate a flexible and speedy online mediation process. This can be arranged via email, telephone conference calls or video link arranged by the parties. Subject to agreement being reached with the parties, Vohralik Mediation offers mediation using an online biding system in which each party is invited to submit, privately to the mediator, a settlement proposal. The mediator will then facilitate a process inviting a response offer. When the parties’ offers overlap the matter will have reached settlement at the midpoint between each party’s respective overlapping offer.