Mediation is an informal, quick, flexible and low cost process in which the parties to a dispute, with the assistance of the Mediator, identify disputed issues, develop options, consider alternatives and endeavour to reach an agreement.
A mediator is an independent, neutral person with expertise in dispute resolution. The mediator assists the parties to negotiate more effectively and to have a constructive conversation about the issues in dispute. Mediation is a confidential process. An agreement between the parties typically renders the following as confidential as far as the parties wish it to be and the law allows:
- all discussions during the mediation
- all documents prepared for the mediation
- all discussions with the mediator.
The terms of the settlement may also be confidential.
Mediation is also a voluntary process. The parties enter into the mediation voluntarily and can withdraw at any time if they are not satisfied with the process. Some mediations are mandatory. Ask us if you are not sure if your mediation is voluntary or mandatory.
Mediation is suitable for resolving a wide range of disputes including business and commercial, partnership, family, workplace, personal injury, industrial and construction. Mediation is a very efficient and effective process to resolve disputes as it seeks to improve understanding between the parties in an ongoing relationship, is confidential, less expensive, more informal, voluntary and quicker than alternatives such as going to court.
Mediation is conducted without prejudice to any legal rights which the parties may have. If mediation is unsuccessful other means of dispute resolution may be used or continued.
Agreements reached at mediation are usually final and binding contractual agreements.
Mediation is a flexible process that can be adapted to suit the parties and the circumstances.
THE MEDIATOR
Peter is a (LEADR – The Resolution Institute) Accredited Mediator with over 25 years’ experience as a dispute resolution expert, ranging from crisis negotiations, dispute resolution systems design, mediation, negotiation and dispute resolution coaching and training.
Peter has conducted training in negotiation and dispute resolution in Australia to a diverse range of clients across sectors including Mining, Legal, Health, Finance, NGOs and Business Networks. He has also presented on negotiation, dispute resolution and knowledge (relationship) management at National forums and industry conventions in Australia and overseas
Peter has completed the Harvard Law School Program on Negotiation (PON) ‘Teaching Negotiation in the Organisation’ course, initiated and maintains a large international forum of leading international researchers, teachers and practitioners in the field of Negotiation and Dispute resolution. He also has a unique and extensive investigative background to complement workplace and commercial dispute resolution processes.
Peter Spence Mediation services provide individuals and organisations with expert advice and services to support them to effectively communicate and resolve disputes that deliver better outcomes.
We would be pleased to discuss how we may be positioned to meet your particular support needs in the area of mediation and dispute resolution services. To discuss or make an appointment please complete the contact form our ‘Contact’ page or by telephone – Mobile: 0457 941188