Mediation can be performed relatively quickly subject to the parties’ availability, depending on the situation mediation hearings can be conducted in either half or full day hearings.

Mediation participants

The people who attend the mediation session should have the authority to settle the dispute. The parties may need to consult with someone external to the session to confirm part of the agreement. That consultation can be performed during the mediation session or as a follow up action.

Preliminary stage

  • You and the other party in the dispute will both engage Chris Swifte as your Mediator by entering into an Agreement to Mediate
  • Both parties will prepare for mediation by reading the material which has been submitted by each party if applicable
  • If lawyers are involved and the dispute is complex, the mediator may convene an informal conference to agree on the process for mediation, the production of further documents or any special requests

Location

  • The mediation can be held in a suitable and convenient location to both parties
  • CADO Consulting can assist in sourcing a neutral location
  • Mediation can also be held in regional areas or interstate if required
  • Video conferencing is also an option

Opening of mediation

  • At the outset a joint meeting is held where the Mediator will introduce everyone and explain the purpose of the mediation and the roles of each party
  • Guidelines for the conduct of the mediation will be explained by the Mediator
  • You and the other party will be invited to make opening comments

Agenda setting

  • The mediator will assist you both to identify and agree upon the key issues to ensure they are addressed in the mediation hearing

Exploring issues

  • You and the other party will be encouraged to explore each issue fully by responding to questions, talking about your perspectives, interests, feelings and opinions

Private discussions

  • The joint meeting ends after which you and the other party will meet the Mediator in separate private and confidential meetings to canvas possible options for resolving your dispute
  • Everything said in these private meetings is totally confidential and nothing revealed to the Mediator will be disclosed by the Mediator to the other party, unless express prior permission has been given

Negotiating outcomes / options

  • Consider and explore options to improve the future
  • Discuss/negotiate mutually agreeable and workable solutions

Agreement and conclusion

  • If agreement has been reached during the mediation, then you and the other party (or your legal representative) will document the agreement for signing
  • Discuss and agree on any further steps that may be needed to finalise and implement the agreement
  • If agreement cannot be attained then the mediation will end, with each party seeking further action as they wish, without breaching the confidentiality of the whole mediation process

Successful mediation

Success has been achieved when the following can be demonstrated:

  • The parties in dispute attended voluntarily
  • The process was conducted respectfully
  • Both parties were able to understand the other point of view
  • A position of agreement has been reached at the conclusion of the process

How much does mediation cost?

After an obligation free discussion to ascertain the circumstances and complexities of your dispute, CADO Consulting can assess the dispute and provide an estimate of the hearing duration. Typically this will be either a half day or full day hearing.

For any significant preparation time including any preliminary conferences and for any time in excess of either the half or full day hearing, an hourly rate will apply. However, any such additional fees would be discussed and agreed upon upfront.

Additional costs

  • Mediation Hearing Room hire, any printing or administration costs
  • Travel if required

Fees are shared between parties and payable in full prior to the commencement of the hearing.

CADO Consulting acknowledge the importance of knowing what costs are involved and will advise all costs upfront and with no surprises.