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Mediation is completely confidential with mediators having a strict Code of Conduct to adhere to (some exceptions apply for child abuse and criminal issues).
Both parties are committed to confidentiality although the parties can agree on what will be said publicly.
Neither party can give evidence(written or oral) about what was said in the mediation.
Advisers, supporter,witnesses etc can attend the mediation if both parties agree and they sign a confidentiality agreement.
Many courts and tribunals order compulsory mediation between the parties before the court will allow the case to proceed to hearing.
Most courts and tribunals encourage the parties to engage in mediation at any time.
Sometimes when litigation has commenced and the parties realise how long and expensive the process can become, they look for an alternative method of resolution.
Mediation is often the answer.
1. Both sides have to agree to mediation.
2. Normally the costs are shared.
3. Mediation often results in a willingness to compromise and work towards a solution.
4. A skilled mediator will ensure the mediation is non-confrontational and both parties have the opportunity to explain their issues.
5. Both parties have 'ownership' of the settlement.
The Mediator will provide the parties with a Mediation Agreement which sets out the estimated fees and the proposed procedure for mediation. It will also commit the parties to confidentiality of the mediation.
All work including preliminary discussions, mediation on the day and documenting final agreements is charged at an hourly rate.
John's minimum fee is $880 GST inclusive.
John's hourly rate is $330 GST inclusive.
The fee is split equally between the parties. A minimum fee for preparation is payable in advance.
The mediator will meet the parties in a neutral setting and ask each person to outline their key issues and what they would like to achieve.
The mediator will take notes and read these back to the participants to make sure the issues are correctly interpreted.
The issues will be discussed then the mediator will have a private session with both parties to consider options for resolving the issues and determining a solution.
An Arbitrator hears both parties' issues and evidence and makes a decision which is binding on the parties and therefore imposed on them.
A Mediator cannot and will not impose their views on the parties and should only express his opinion if requested to do so.
The Mediator simply uses skills, training and experience to identify the important, negotiable and often hidden issues, so as to gradually guide the parties to a solution.