Mediation Is Quick and Saves Time and Stress
With mediation, you can resolve your dispute in a shorter amount of time as compared to a court hearing – where a case could take years before a trial and judgement. At SHAW Mediation Australia, we can confidently see the resolution process taking between three weeks to three months, depending on the nature of the conflict, allowing you to move on with your life faster. The day of mediation itself can take very little to organise and may only take a few hours to conduct.
Mediation Puts You In Control
Mediation allows you to negotiate informally on a level playing field and in a safe environment. You decide on the topics to be discussed. Through the facilitation of an independent mediator, you are empowered to come up with a mutually satisfying agreement, which should have a more lasting resolve on the conflict as compared to a court order. You decide the where, when, who and how of mediation. You don’t have to wait for court processes to be complete to move forward. You don’t have to wait for a hearing date. You don’t have to wait for a judge to decide. You decide everything, and most importantly you decide the outcome acceptable to you.
Mediation Is Cost-Effective and Saves You Money
Since mediation resolves conflicts faster, it is also more affordable. Mediation spares you the need to pay for years of legal fees for court proceedings and trial fees, since you will only need to pay for the services of the mediator and your legal advice. It is relatively inexpensive compared to the cost of a court hearing.
Mediation Is Future-Focused
Mediation is the chance to be heard and listened to, and a safe dispute resolution pathway, focused on achieving resolutions everyone can live with. By letting you take the front seat in the discussion and encouraging you to generate options and consider alternatives, mediation promotes working together to achieve a preferred outcome. This form of dispute resolution provides a long-lasting agreement, so you can move forward and focus on what matters to you.
In cases where total settlement may not be achieved, mediation helps narrow the topics in dispute.
MEDIATION CONSIDERS ALL THE RISKS
Our nationally accredited mediators are insightful when it comes to problem solving. They are legally trained and ask the difficult questions, identify the real issues and clarify all concerns prior to negotiation and discussion of possible solutions. We want to address the barriers to a settlement, what the risks are, and what the outcome might be if your dispute goes to court.
MEDIATION OFFERS PRIVACY
At SHAW Mediation Australia, privacy can be very important in resolving conflicts and we come to you to facilitate the mediation in your preferred setting. Your communication with the mediator and during mediation is not revealed to anyone else in the mediation process without your knowledge, unless it is necessary for the purpose of complying with the law. Privacy can be a very important term of the whole ordeal, from the location to the outcome of the mediation. Our mediators can come to you to facilitate mediation or any part of the process in your preferred setting, if this makes you more comfortable. The outcome you decide is also private. It is not published or accessible to others. Private outcomes encourage open and frank discussion and allow people and businesses to keep their reputation intact.
MEDIATION PRESERVES RELATIONSHIPS
For many commercial and personal disputes, mediation is often the best alternative where relationships need to be preserved. The mediator levels the playing field and protects you from hostility and aggression, while promoting collaboration, respect and kindness to achieve a win-win resolution, allowing parties to end disputes on the best terms possible.
MEDIATION IS BENEFICIAL FOR SOLICITORS
Mediation can provide additional business for solicitors, as their services will still be needed during the process. Clients are encouraged to consult their lawyers before and during mediation, and once a resolution is reached the solicitors help legally formalise the agreement. This is not to mention the good rapport and reputation for resolving disputes amicably without court.
MEDIATION RESULTS IN LASTING AND MORE ROBUST AGREEMENTS
You are the one who knows what you want and you are the one who decides what you will accept to resolve the dispute. Unlike a judge making orders, you have the opportunity to craft terms of settlement that uniquely suit your needs. If you do that, then chances are everyone will stick by the agreement.
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