Over 80% of the matters that proceed to mediation end in an agreement. A common misperception is that people who resolve matters via mediation have achieved a ‘win- win' situation. This is true to the extent that the participants have resolved the matter without recourse to the expense and time delay of court processes.
The real test of a successful outcome is whether each participant has reached an outcome that they can ‘live with'. Another successful outcome is to reduce in the number of issues in contention by recording a statement of agreed and disagreed facts. This means that there is a clearer understanding of what issues should be resolved in a more formal processes.
Typically, there are preliminary assessment interviews that take place up to two hours each on separate days with each of the participants and are conducted on a separate day to the mediation. Less complicated mediations involving two participants typically take five hours to complete.
It is a formal meeting of colleagues affected by conflict in the workplace. It is designed to provide people in workplaces who are in dispute with an opportunity to:
address past concerns; and
put in place a written workplace agreement.
The process commences with the facilitator meeting with each of the participants in advance for one and half hours each prior to the workplace conference.
The conference provides all those affected with an opportunity to consider how best to improve communication and relationships in their workplace.
Since this process usually involves a larger number of people than a mediation it takes a longer period of time. Preliminary Assessment interviews take place with each of the participants and then the conference proceeds on a given day. More recent conferences have taken two days of interviews followed by the day on which the conference is held.
Since this process is aimed at resolving workplace conference the people in the workplace should attend even if they feel that they feel they are indirectly connected. Although it is not compulsory to attend the conference it is strongly encouraged. It is only where there is a commitment from all members of a workplace that gives the maximum prospect of a successful outcome.
Settlement is usually significantly quicker than if the matter goes to court
You decide on the time and place of the sessions. A wider range of possible outcomes is available.
FUTURE COOPERATIVE RELATIONS
By reaching an amicable solution at the earliest opportunity this can enhance future cooperative relations between the participants.
A Justice Research Centre survey of family law costs found that the average price of a full litigated family law matter was eight times the cost of a family law matter resolved by mediation . ( Queensland Law Society Dispute Resolution Pamphlet)
“Contested Divorces Can End Up Financially Crippling”
The average fee paid for matters resolved by negotiation or mediation without Court involvement is less than $1,800.00 per person, however, for disputed matters requiring Court attendance, the average fee was nearly $17,000.00 with costs of Counsel ranging from $180.00 to $25,000.00”.
In the minority of cases that do not reach full resolution, a common result is to have narrowed the issues that are in dispute. Because the participants have not foregone any of their rights they may can continue to resolve the issue in other more formal ways.