Mediation is a form of alternative dispute resolution. it is a negotiating process that helps to achieve a mutually agreed settlement of the conflicting parties t. The mediator remains a neutral party whose role is to facilitate a fruitful conversation between the parties to the conflict. The broker does not provide legal advice, does not make decisions or determines who is right and wrong.
The disputing parties are responsible for determining the agreement. The mediator’s role is to help reduce tension, anger and misunderstanding between the parties to the conflict so that effective negotiations can take place. It is a voluntary process in which both parties work together to try to resolve the dispute as part of a mutually satisfactory agreement.
Not all cases are resolved during mediation, mediation is not necessary to resolve the case. The parties may settle the matter at any time, before mediation, after mediation, and even during the trial. The advantage of mediation is that it allows the parties to try to negotiate a settlement under dynamic conditions, while the parties do exist and focus only on the issue under consideration. Similarly, each party is obliged to mediate with a full license to negotiate a settlement. You can also seek our mediation services in brisbane.
Another advantage of mediation ie is the full privilege. This means that correspondence or statements made during mediation cannot be used as evidence in any trial or hearing. This allows the parties to be completely open to each other, without threatening to respond to their comments in court. In addition, the broker can not be called to provide evidence.
Mediation can take from a few hours in most cases to several days for more complex cases. The parties will meet in the mediator’s office. The mediator usually starts with a joint session in which the parties provide general guidance.
The mediator will ask the plaintiff to submit a type of settlement request and will also encourage the defendant to submit the settlement offer. The visit of each mediator aims to encourage each party to emigrate to the settlement. Once a settlement has been reached, the mediator will draw up a short “Memorandum of Settlement” and ask each party (and their attorneys) to sign it. After signature, the settlement is binding until the settlement is received and a more formal settlement agreement is signed. Although communication during mediation is distinct, the written and signed mediation agreement is enforceable if either party refuses to comply with the settlement.
