The key to achieving a successful and mutually satisfactory outcome in mediation is the time spent preparing for the joint session in the mediation process.
At SHAW Mediation Australia, we ensure that our mediators spend time with each party individually in preparation for the joint session. These private sessions are included as part of our service, and are what sets us apart from a lot of other mediation services, including those offered by courts.
Before mediation begins, we advise clients to obtain legal advice as well as ask them five important questions to help clients prepare for dispute resolution. As mediation is voluntary and operates in the shadow of the law, an agreement or outcome cannot be forced; therefore the option to litigate and go to trial will always be available. The responses to these five questions can help our clients make an informed decision on the best course of action to resolve their dispute – whether it is to litigate or mediate.
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