Mediation is now an established and recognised effective method of resolving
disputes. Sometimes mediation outcomes are referred to as a "win-win" outcome as opposed to a litigation
"win-lose" outcome. This is because in litigation there must be a loser and a winner. In Mediation the
outcome can be look at in terms of a mutually beneficial agreement which puts the dispute at an end. Brisbane
mediations are conducted by Randal Binnie but he also will attend other agreed venues in South East Queensland
including the Gold & Sunshine coasts.
Mediation, simply explained, is a process in which an independent person assists two or more
people or organisations in dispute to negotiate and to make mutually satisfactory decisions on their
dispute. It is a form of "assisted negotiation".
The features of mediation are:
It is a decision making process where the parties are assisted
by the mediator to reach an outcome agreeable to both;
Mediation brings clarity to the situation and
each parties issues;
It reduces and/or
overcomes communication problems;
Allows each
party to understand and perceive the others view point;
It promotes constructive and efficient
negotiations by focusing on needs and interests rather than the positions the
parties may have taken;
The parties themselves are empowered and
encouraged to take chare of their own decisions and accept responsibility for the
consequences of those decisions;
The relationships of the parties are
improved or at least not damaged (which is the opposite usual outcome of
litigation);
The parties are
provided with a method/model of resolving later conflicts or at least made aware that
there is a viable alternative to conflict and/or litigation;
Mediation is
Confidential; and
Mediation is
generally much cheaper and time efficient.
Where ever there is a dispute it may be possible to resolve it through
mediation. Mandatory or compulsory mediation (or at least a required attempt at dispute
resolution) is legislated in a number of areas including the Family Law Act, Federal Court matters
(not all areas) and many areas of debt recovery and civil disputes under state legislation.
This is because the value of mediation is recognised and therefore encouraged by both state and
federal governments in Australia.
Mediate & Resolve Disputes
is a website owned and operated by
‘Liability limited by a scheme approved under
professional standards legislation’