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Talk the Talk Mediation

Talk the Talk Mediation is a solutions-oriented dispute resolution service which deals with all manner of conflicts between people and between people and organisations where relationships have broken down.  

Mediation is also known as alternate dispute resolution  or appropriate dispute resolution and each has the same meaning as the other.  It is a structured process which is not about deciding who is right and who is wrong.  It is not about blame.  It is about each of the parties hearing each other's stories with a view to coming to an agreement.

Who should mediate?

Mediation is suited to

  • family law matters involving children and property between married or de facto partners
  • workplace disputes including bullying, discrimination and harassment
  • wills and estates where contests arise between siblings, amongst family members
  • elderly people regarding care arrangements and financial matters
  • community and neighbour arguments
  • business deals gone wrong

If arguments persist then sooner or later decisions need to be made by one or both parties to

  • Give up; pack the bags, go home unhappy
  • Keep the argument alive  ensuring the relationship will end in tatters
  • Fight in court with all the attendant stressors, dramas and costs with no control over the outcome.
  • physically leave the environment where the dispute exists
  • ignore  the dispute, and the person or people involved,  and hope it will just fade away

Why mediate?

Mediation offers a way out of the impasse when each party enters into it in good faith.  It provides an opportunity

  • to discuss the matters in issue confidentially
  • for each party to hear the other's views
  • to consider the best alternative for solving the argument
  • to walk away in control of the outcome with a solution that might be win-win or, at least, one that can be lived with
  • to not have a court make a decision which might result in one or other party being worse off without recourse
  • to save time and money by not litigating in court

What happens in a mediation?

Attending a Mediation session

  • is voluntary
  • is confidential 
  • can be arranged quickly and easily with the agreement of both parties
  • enables free communication in a constructive environment under the control of an independent mediator
  • can occur when parties to the mediation are authorised to settle the dispute at the session
  • is a flexible experience with no formalities or protocols to adhere to
  • is about coming with an open mind as far a possible and be willing to hear and to listen; to be flexible; to focus on the future rather than the past
  • may result in an agreement being reached which is as binding as the parties intend it to be
  • may require another if time and/or the issues arising aren't able to be completed in the allotted appointment
  • can enable you to bring an adviser, or friend, but those people don't participate in the discussion

Preparing for a Mediation session - in two parts

Part 1 - you and the Mediator

Once a mediation is decided upon as a course of action the Mediator will make contact with each party in what is called an intake interview for the purpose of

  • listening to your side of the story
  • explain how the mediation session will progress and the steps involved
  • identify any concerning issues including violence, drug or alcohol abuse which could make the session unfair or inappropriate
  • deal with any concerns
  • provide suggestions of other services which might help you deal with the situation in which you find yourself, if necessary

Part 2 - your own preparation

Prior to the appointment for mediation you should

  • identify and write down the topics you wish to discuss
  • seek legal advice if you think that might help you
  • consider the outcomes you might be prepared to accept
  • keep an open mind

The Mediator

  • is independent of each of the parties
  • is neutral and impartial and will not take sides
  • is not a decision maker or judge and cannot and will not impose an outcome on either or both of the parties
  • will not give any advice - legal or otherwise - to either party
  • will provide guidelines to the parties on how the mediation will be conducted
  • will enable each party to be heard; to work out common ground; the important issues to each party; to find solutions to identified issues
  • will not tell you how to solve the argument

The Mediation process step-by-step

  • every step in the process is confidential
  • each party signs an agreement to mediate and agrees to pay 50% of the costs of the mediation (mediator costs, venue hire etc)
    • opening - where the mediator explains the process and sets the ground rules
    • initial joint session - where each party gives his or her side of the story
    • summary - the mediator will summarise the positions
    • agenda or topics - the mediator will identify the common themes arising from each of the party's opening remarks
    • joint exploration of the issues to uncover the interests of each party
    • private sessions - the mediator will speak to each party confidentially and separately
    • joint session - where the parties generate options and begin negotiation which leads to the
    • final joint session - where agreement is reached and the mediation closed
  • it is up to the parties to them implement the agreement concluded
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