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MEDIATION SERVICES IN ADELAIDE BY 
Apt Strategy 
Consulting

Mediation can achieve a low cost alternative dispute resolution

 

APT STRATEGY CONSULTING offers mediation services to help resolve disputes quickly.

We are based based in Adelaide and we specialize in mediation of workplace, commercial and civil disputes.

What other people say about mediation

An ounce of mediation is worth a pound of arbitration and a ton of litigation!

Source: Joseph Grynbaum

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A great option is mediation, where you and the other side meet with a neutral person - called a mediator - who is specially trained to help people resolve their disputes without having to go in front of a judge. In mediation, everyone works together to find a solution, instead of having the judge make a decision.

The mediator will not force you to reach an agreement. Whether you decide to resolve your dispute, and how you resolve it, is up to the 2 of you. And if you cannot settle, you can still go in front of a judge to decide. There is nothing to lose by trying mediation, and there is a lot to gain.

Source: California Judicial Branch, http://www.courts.ca.gov/1011.htm

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WHAT IS MEDIATION

Mediation is a confidential conference, where all the participants attend to cooperate to resolve the dispute between them.

Source: Law society of NSW, http://www.lawsociety.com.au/community/publicationsandfaqs/legalquestions/Whatismediation/index.htm

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Mediation is a meeting between disputing parties with the aim of negotiating an outcome acceptable to each party. At the mediation, the parties will:

  • Identify the issues in the dispute;
  • Identify each party's interests at stake in the dispute;
  • Consider options;
  • Negotiate with one another; and
  • Try to reach an agreement.

The mediator is a neutral person who assists the parties to discuss the issues and negotiate the outcome. He or she does not impose a solution on the parties, but facilitates the discussion and helps to identify options. The parties remain in control of the process at all times and there is no obligation to reach agreement.

Source: Law Society of SA, http://www.lawsocietysa.asn.au/other/mediation.asp#Why_use_mediation

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Mediation is a voluntary and confidential process which helps people:

  • Identify issues in dispute;
  • Think of ways to resolve the issues;
  • Consider alternatives, and;
  • Work together to reach an agreement.

The mediators do not take sides or sit in judgement but control how the mediation is run so that you can focus on your dispute and take responsibility for the outcome.

Source: Conflict Resolution Service, http://www.crs.org.au/html/what_is_mediation.htm

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Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties work out their own solutions to problems.

Source: US Equal Employment Opportunity Commission, http://www.eeoc.gov/employees/mediation.cfm

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IN WHAT SITUATIONS CAN MEDIATION HELP?

Here are a few situations where mediation can help resolve conflict:

  • Relationship dissolution and divorce including division of resources and parenting plans
  • Family issues: parent/teen and child/elderly parent communication
  • Family-owned business disputes
  • Workplace disputes
  • Neighbor disputes
  • Community disputes
  • Environmental disputes
  • Landlord/tenant
  • Contract negotiations
  • Crime Victim/Offender dialogue
  • Personal injury
  • Real estate
  • Construction disputes
  • Probate disputes

Source: Montana Mediation Association website, http://www.mtmediation.org/index.cfm

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BENEFITS OF MEDIATION

  • COST - While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs.
  • CONFIDENTIALITY - While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator(s) know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.
  • CONTROL - Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.
  • COMPLIANCE - Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.
  • MUTUALITY - Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to "move" their position. The parties thus are more amenable to understanding the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute.
  • SUPPORT - Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions.

Source: Wikipedia, https://en.wikipedia.org/wiki/Mediation

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WHAT CASES ARE SUITABLE FOR MEDIATION?

Mediation is suitable for all non-criminal cases where the parties are committed to reaching agreement. Cases in which the parties want an early and amicable solution are particularly appropriate.

Source: Law Society of SA, http://www.lawsocietysa.asn.au/other/mediation.asp#Why_use_mediation

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WHY USE MEDIATION?

  • COSTS - Resolving a dispute through mediation is generally much less expensive than going to court.
  • FLEXIBLE RESULTS - The parties can discuss options and agree on an outcome that suits them. Many of the outcomes reached at mediation cannot be made by a Court. For example, a Court can only interpret what a contract means. It cannot help to renegotiate the contract if both parties decide that is necessary. This means you can provide for commercial considerations and end up with better outcomes.
  • SPEED - An agreement achieved through mediation is generally achieved more quickly than if the parties had gone to court.
  • PRIVACY AND CONFIDENTIALITY - All mediation is conducted entirely in private and is confidential. This can be an especially important consideration in family disputes, or in commercial matters where the parties do not wish information to be made available to the public.
  • SURVIVAL OF RELATIONSHIPS - Mediation can help to maintain the relationship between the parties after a dispute, because agreement is reached through consensual discussion and is usually reached earlier than if a case went to trial. Often the relationship between the parties is significantly damaged if the matter goes to court.
  • COMMERCIAL SENSE - It makes commercial sense to use a process that lets you control the timing, cost and outcome of the dispute.

Source: Law Society of SA, http://www.lawsocietysa.asn.au/other/mediation.asp#Why_use_mediation

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