What is mediation?

Mediation is a dispute resolution method that provides an alternative to litigation and arbitration. A mediator is not a decision-maker like a judge or an arbitrator; rather, the mediator will assist parties to resolve the issue. Mediation is a non-binding process; at any point, either party can withdraw. The non-binding nature also means that decisions cannot be forced on either party. Any settlement must be agreed upon and accepted by all participants.

Is mediation a confidential process?

Yes, the mediation sessions are private and confidential. The Evidence (Miscellaneous Provisions) Act 1958 requires all CADO Consulting mediators keep all discussions confidential. Matters discussed in mediation cannot be used as evidence in court legal proceedings, unless all parties consent.

Why try mediation?

Mediation is a low risk and cost effective method that delivers high rates of success. Unlike other methods that can result in a winner/loser type situation, mediation can help you reach a mutually beneficial outcome. Its non-binding nature provides a safety net to parties that enables participants to maintain control, and also to opt out where they feel they are not making any progress. Even in circumstances where a dispute isn’t settled, the interaction with the opposing party and knowledge gained throughout the process is still advantageous to most cases.

How long does mediation take?

Mediation hearings can range from half days to full days. Depending on the circumstances and complexity of the dispute, most cases can be resolved in the provided timelines. It is important to ensure that you have set aside enough time for the mediation and make the necessary arrangements so that you are able to stay for the entire session.

When is mediation appropriate?

Mediation may be suitable if one or both parties want to:

  • minimise costs
  • settle in a timely matter
  • preserve confidentiality
  • maintain control over the settlement process, or
  • manage a relationship throughout the dispute and into the future e.g. where a contractual relationship exists
  • or a supplier of products and services

When can mediation be used?

Mediation can be used at any stage during a dispute process. It can be a preventative method used prior to an actual dispute, where parties may have encountered a roadblock. It can also be used in the early stages of disputes, when parties fail to reach a resolution on their own. Lastly, you may engage in mediation, even during more formal dispute resolution processes such as litigation or arbitration.

Can any party be forced to attend mediation?

No, mediation is voluntary. If someone does not wish to attend mediation, it is not possible to compel him or her to attend.

Do I have to be in the same room as the other person?

Yes. Mediation requires the involved parties being in the same room and discussing issues in a controlled environment. Parties are expected to listen to each other, be respectful of one another and allow the mediators to guide the process. During the mediation, both parties will be invited to have separate private sessions with the CADO Consulting mediator.

Who attends the mediation?

All parties involved in the dispute are encouraged to attend and participate in the mediation. However, it is a voluntary process, no one can be forced to attend and everyone must agree on who can attend before a mediation can proceed.

It is important that the parties who are needed to make decisions and have the authority to make decisions about the outcome attend the mediation. It is possible for someone to attend with authority on the other person’s behalf, but it will depend on the circumstances of the matter.

Can I bring a support person to the mediation?

Yes, you will need to advise CADO Consulting prior to the mediation of the name of the person attending as a support person. The other party will need to agree to you bringing this person along as a support person. The role of the support person is not to actively take part in the mediation but to support you during the mediation. The CADO Consulting mediator will need to speak with support people to make sure that they are clear about their role.

Where will the mediation be held?

Mediations are held at a range of convenient locations that are suitable for hearings to be conducted. CADO Consulting can recommend a number of options of venues that are suitable for mediation.

When will the mediation be held?

Mediations can usually be arranged within 2-3 weeks, subject to all parties availability. Mediations are held during normal business hours and are scheduled for either a morning or afternoon session.

What does mediation cost?

CADO Consulting can provide an accurate cost during the obligation free discussion stage after assessing the circumstances the complexities of your case.

How are the costs of mediation shared?

In most cases as both parties agree on the mediator the costs are equally shared 50 / 50 and paid prior to the hearing date.

What do the costs include?

CADO Consulting costs include the hearing, room and venue hire, administration of documents such as copies, scanning etc. if required and travel if interstate travel is required.

Can mediation be done online?

Yes, if required or it’s deemed the most suitable way to conduct the mediation hearing. CADO Consulting can use online video conferencing to conduct the hearing.

What is the role of the mediator during the mediation?

Importantly, mediators remain neutral and do not take sides.

The mediator will:

  • Control the process, where the CADO Consulting mediator will ensure the parties agree on the agenda items. In doing so, they control the content and what is covered
  • Create an environment where parties have a chance to hear and listen to each other in a respectful manner
  • Guide parties through discussions about the issues
  • Make sure all relevant issues are covered and addressed
  • Help parties explore a variety of options
  • Provide time for private sessions during the mediation
  • Help keep emotions in check
  • Help parties write down details of any agreement reached

Do I need to get legal advice?

You may or may not require any legal advice or representation during the mediation session. Depending on the circumstances of the dispute and after your discussion with CADO Consulting, you may choose to have legal representation to prepare you for the session. In some disputes you may be referred to an external organisation for some legal advice prior to the mediation if necessary. Sometimes parties choose to formalise agreements through their legal representatives after the mediation session.

Will the mediator make a decision?

No, CADO Consulting mediators will manage the process of the mediation and assist both parties to reach agreement. The mediator will not make a decision or give any sort of judgement about the way in which the dispute should be resolved.

What are the mediator’s qualifications?

All CADO Consulting mediators are nationally accredited under the National Mediator Accreditation System and are Members of the Australian Association of Mediators. CADO Consulting mediators come from a wide range of professional backgrounds.