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Randal Binnie - Mediator
Randal Binnie
Mediator/Lawyer

MEDIATE FIRST AND AVOID UNNECESSARY COSTS AND DISTRESS

Mediation is now an established and recognised effective method of resolving disputes arising out of personal relationships, business relationships, workplace relationships and neighbourhood relationships. 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 looked 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" by an experience and professional mediator.

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 charge 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 to the usual outcomes 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.


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