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Mediation

What is mediation?

Mediation is an informal problem solving process in which the parties who are in dispute meet together and with the guidance of two skilled impartial mediators, discuss the issue in dispute, identify options, consider solutions and work towards a mutually acceptable agreement. The mediator runs a mediation session; the parties control what is discussed and agreed to.

Mediation works because it:

• is a positive process which encourages cooperative problem-solving and preserves relationships
• allows people to have a say in resolving their dispute
• can look at all aspects of the problem, not just the immediate issues
• enables people to hear directly from each other and gain a better understanding of each other's needs.

Mediation can help resolve most disputes, including complex commercial disputes, family issues, neighbourhood disagreements, and planning and environmental problems.

Sometimes mediation is not suitable because people are unable or unwilling to negotiate; violence between the disputants may prevent an agreement being reached. You should seek legal advice in these circumstances before trying mediation.

How does it work?

The Dispute Settlement Centre of Victoria (DSCV) follows a step-by-step process:

A person with a dispute calls the DSCV and requests mediation

A Dispute Assessment Officer discusses ways to resolve the dispute and explains how mediation works. If the caller requests mediation, the DSCV writes to invite the other party to mediate, sending a reminder letter after 10 days. Ten days after that, if there is still no response, the file is closed.

The other party agrees to mediate

The Dispute Assessment Officer discusses methods for resolving the dispute with the other party. If the person declines the invitation to mediate, the DSCV involvement ceases. If the person accepts, the officer organises a mediation session. The officer then discusses the arrangements and preparation for the session with everyone who will attend, organises the date, time and venue, and books the mediators and any interpreters required.

Mediation

Two mediators join the parties for a face-to-face round-table meeting. Most mediations take between two and three hours, and usually only one session is required. Mediation is a structured process of eight main steps which look at the dispute from its history to the present, and then to the future.

After the mediation

If the parties reach an agreement at the session, the mediators write out the agreement as a record. If not, the matter stays unresolved and the parties will need to consider other ways of dealing with it.

Case studies

• A motel and a printer disagreed about the quality of pamphlets printed. The motel had refused delivery of the pamphlets and the printer refused to return the artwork until his bill was paid. At mediation they found the printing errors were minor and the pamphlets were reusable. The motel agreed to pay for the pamphlets and the printer agreed to supply a second batch at discount rates.

• Two neighbours could not agree on the height of a fence. At mediation it was revealed that the home owner who wanted the higher fence was concerned about privacy, as the other neighbour's kitchen window overlooked the fence. Both agreed to a standard-sized fence with a small tree to be planted to cover the window.

• A committee of management for a community organisation referred two of their employees who were having difficulty working together in a community centre. At mediation they both explained the problems they had with communication styles. A list of options was agreed upon to present to the committee in relation to work practices that they believed would improve communication.