Mediation

Mediation and Dispute Resolution Services (DRS)

Opening communication pathways

Mediation and Dispute Resolution

Mediation and dispute resolution involve working with parties both separately and collaboratively to reach a non-binding, voluntary, and sustainable agreement.

Our mediators provide a safe and supportive environment for discussing and addressing issues, facilitating open communication between all involved.

At Point to Point Counselling, we take pride in our direct service delivery, transparent approach, and commitment to fostering positive outcomes.

How successful is mediation in Australia?

Mediation has been proven to deliver results. Settlement rates, which are usually measured by how many cases are resolved without the need to escalate to legal action, vary but in general rates vary between 75 to 95%.
[ref. Mediation Institute Australia, as at August 2022]

Steps to Mediation and Dispute Resolution (DRS)

Mediation is not rocket science; it is ideally flexible and informal, which contributes to its impressive success rate. Here, we outline the typical five (5) standard steps of mediation, broken down into ten (10) simple steps:

  1. Individual Intake: Each party shares their perspective and focal points to help us understand their unique positions.
  2. Pre-Session Planning: We identify the key points of discussion beforehand.
  3. Session Introduction: Setting the stage for the mediation process.
  4. Opening Remarks: Each party presents their issues and concerns.
  5. Joint Conversation: Engaging in a ‘question and answer’ format to promote understanding of each party’s needs and concerns.
  6. Identify Key Points: Together, we highlight five (5) key points of contention.
  7. Prioritize Points: We arrange the identified points in order of importance.
  8. Discussion and Negotiation: Engaging in dialogue to negotiate solutions.
  9. Caucuses (if necessary): Private discussions may occur to give parties space to reflect, which may affect the overall timeline.
  10. Session Summary: If consensus is reached, the mediator outlines the agreed terms and may draft a written agreement. If an agreement isn’t reached, the mediator will summarize the current status and discuss possible alternatives.

Depending on the complexity of the issues, mediation and DRS can last a few hours, or extend over days, weeks, or even months. Some resolutions will result in a true ‘win-win’, while others may approach a manageable compromise.

When disputes cannot be resolved through mediation and DRS, the matter may need to be referred to legal counsel and potentially court, where a judge will make the final decisions. Going down this path can be prolonged, stressful, and costly—our goal is to help you avoid that outcome.