SHAW Mediation Vision, Mission & Values
To assist businesses, people and organisations and government to resolve disputes and achieve outcomes without Courts.
To have the best mediators at SHAW Mediation and become the ‘GO TO’ place for dispute resolution in Australia by:
- Offering dispute resolution by accredited mediators (NMAS) with a legal background which can become legally enforceable, should the parties wish;
- For all types of disputes, commercial and personal – big and small;
- With cost certainty and fixed fees; which
- Saves stress
- Saves time
- Saves relationships
- Saves reputations
- Saves money.
- The intention of this value is to ensure that we provide excellence with integrity of the highest standard of service and ethics in accordance with NMAS and the Law Council of Australia Guidelines and ensure that we keep improving our service and learning.
- Professionalism means that in every way; the way we present ourselves, conduct ourselves, behave and communicate, it is the highest standard of excellence.
- It does not mean that we are superior or more knowledgeable nor can we be egotistical, distanced nor removed from our clients or each other. It does not mean we wear Armani Suits, unless we wish to do so, nor t-shirt and jeans and never flip flops.
- Professional behaviour means being punctual, clean, smartly and well dressed, polite manners, behaviour and language to make your great Grandma proud, and mediating in accordance with NMAS and the Law Council of Australia Guidelines at all times.
- Unprofessional behaviours include being late, dirty or sloppy dress, rude manners or language. It also includes for mediators a failure to disclose conflict of interest or compliance with NMAS or the Guidelines of the Law Council of Australia.
- By respecting everyone we ensure that we are tolerant, non-judgmental and polite to our clients and each other at all times and treat everyone as equal.
- Respect means that we treat each other as we wish to be treated; with dignity and integrity and a generous spirit.
- Respecting everyone does not mean that we are any less than anyone, subordinate or subservient or that we are unable to speak up.
- To respect means that we listen to our clients and each other, that we don’t talk on behalf of another, that we don’t interrupt, that we use gender neutral language, that we acknowledge difference and take responsibility for our own actions and consequences and are accountable for them.
- Disrespectful behaviour includes rude or unkind language or behaviour; treat anyone in a way we would not like ourselves.
Persistence / Perseverance
- The intention of persistence is to ensure that we put in genuine effort, persist steadfastly and keep going with tenacity and confidence and not give up.
- Perseverance means continued steady effort withstanding discouragement or difficulty
- Persistence does not mean that it is okay to bully people, allow people to compromise their values or safety, professionalism or respect.
- Perseverance is about engaging with people, being supportive, encouraging and helpful. Persistence is maintaining positive energy and confidence in others in the face of adversity
- It is not being persistent to give up or give in or be pessimistic. It is not about splitting the difference not is it haranguing or harassing people or being annoyingly over confident or enthusiastic or optimistic
Resolve not just solve
- We believe in each other and everyone and let them find their resolution to their problem, difficulty or dispute.
- Resolve means to find the answer or the solution and firmly decide yourself
- Resolve is not just about finding the superficial solution nor satisfying the subjective individual sense of fairness but at a deeper level of understanding finding an objectively better and beneficial outcome for all.
- Allowing ourselves and others to be comfortable with listening and silence and space. To resolve is by asking questions of others, to consider others and their perspective. We are intellectually emotionally aware and insightful of the situation of others.
- In order to resolve it is not appropriate to be or allow others to be judgmental not opinionated, make assumptions nor speak for others. We cannot ignore concerns or issues in order to find resolution.
- We intend to treat others with kindness, empathy, understanding and tolerance at all times.
- Compassion means to have the desire to alleviate the feelings of distress, frustration of others
- Compassion does not mean that we are sentimental or tender hearted or not outcome focused. Equally, it does not mean that we cannot make decisions, move others forward nor be results orientated.
- To have or show compassion is to be in the moment and listen with mind and heart. It is to be empathetic by putting yourself in the shoes of others and being helpful.
- Compassion is not mean feeling guilty or responsible nor sympathetic. It is not compassionate to be judgmental nor over protect.
Click here to download our Capability Statement.
Alison Shaw of SHAW Mediation successfully mediated a contract and building works dispute for one of our clients. I found the mediation to be useful in requiring the disputing parties to be in one place at one time, allowing each side to express their position (and even vent their frustrations) whilst being kept in line by an experienced mediator. It was by no means certain to me beforehand that the matter would resolve at the mediation, but Alison’s guidance and systematic approach facilitated a commercial settlement. I am confident the parties would not have reached a better outcome if they had gone to court. I rate highly the mediation process used by Alison Shaw in this matter, and would recommend her to other clients considering mediation in the future.Matthew Hawke