Mediator Locator Directory :: Mediator | Mediation in Sydney, Melbourne, Brisbane & more

Welcome to our free online Mediator’s Directory designed to assist you locate your nearest mediator, ready, willing and able to provide mediation services - wherever you live or work, including Sydney, Melbourne, Brisbane, other Australian capital cities, major cities, metropolitan areas, country towns and regions.

Our mediators invite members of the public, the legal profession, large corporations, small businesses, government departments, court officials, individuals, and disputants, to search this site to locate a Mediator with the most suitable credentials to assist and resolve your dispute or conflict.

 

 

WHY MEDIATE?CLICK HERE TO READ MORE

The advantages of mediation over other forms of dispute resolution are overwhelming...

Communication

Mediation allows disputants to fully communicate with one another in a constructive and positive environment, controlled by a neutral chairperson

Time Savings

Mediation is a relatively quick process and gives disputants a shorter time frame in which to resolve disputes. Unlike a crowded Court list, mediation meetings are organised in accordance with the times and dates available to the parties and the appointed mediator

Cost Effective

Mediation is a relatively inexpensive process, without ongoing costs such as lawyer's fees, filing fees, court fees, witness expenses, or Counsel's fees

Confidentiality

Mediation meetings are held privately and conducted on a "without prejudice" basis; no newspaper reporting, court reporting, transcription or court records kept

Flexibility

Mediation meetings are conducted without formal protocol or procedures; wider opportunities are available to discover solutions such as on- site meetings, expert opinions and frank discussions

Self Satisfaction

At mediation, only the parties- not their lawyers, bosses, wives or judges- make the decisions

Survival of Relationship

Mediation assists disputants to maintain their existing relationship with one another. If a dispute is litigated, more often than not existing relationships are damaged beyond repair

WHO ARE MEDIATORS?CLICK HERE TO READ MORE

Mediators are neutral intermediaries, who, when retained by disputants to mediate disputes, apply their training, individual skills and experience to guide and assist conflicting parties towards settlement of their differences by negotiation in a cordial but constructive atmosphere.

If a dispute involves a technical issue, disputants are encouraged to select a mediator who specialises in a particular area of law or expertise.

 

A Mediator:

  • Assists disputing parties to discuss their conflict with each other
  • Assists disputing parties to understand each other's side of the conflict and point of view
  • Refrains from offering an opinion about who is right or wrong; or who will win/ lose, should a court be asked to decide the conflict
  • If a lawyer, which is often the case, refrains from giving legal advice

WHEN SELECTING A MEDIATORCLICK HERE TO READ MORE

Consider:

Location of Mediator

Select a mediator located in a region convenient to the parties

Area of Law or Expertise

If your dispute lies within a particular area of law or expertise, such as divorce, child custody, or commercial, choose a mediator with experience or expertise in similar types of issues

Education and Professional Background

This adds another dimension to mediation, for example, training as an engineer or architect

Mediation Training and Credentials

These are important features to be considered in selecting your mediator

Trust your Instincts

Did you feel comfortable on your first contact with a particular mediator? Did he/she seem impartial and fair?

References or Reputation

A mediator with a reputation for competency, neutrality, and ability are important values

Experience

A mediator having experience with similar situations in type and complexity as yours might better assist the mediation process

Culture

A mediator possessing a similar cultural heritage (e.g. city, suburban, country or ethnic) may better understand the parties' issues

Practical logistics

A mediator who speaks the same language as the parties involved, or who has disability access, or quotes more reasonable fees, might be more attractive than other mediators

Team Approach

Is a team approach a better option? Many mediators work with co-mediators

Contact more than one mediator

Discuss what you are looking for with several mediators and determine what each mediator is able to provide

Evaluation

Evaluate how well a mediator might meet your needs. Did a particular mediator:

  • Ask good questions?
  • Put you at ease?
  • Describe an approach that you think will work?
  • Answer your questions?
  • Appear to have the relevant experience and training?

How do I start the mediation process?

  • Contact a Mediator listed in this website
  • Contact a lawyer and refer him/her to this website
  • Contact the other party and refer him/her/it to this website

How do I prepare for mediation?

Before you attend the mediation meeting...

  • Identify relevant issues to discuss
  • Prepare a short Statement listing your concerns
  • Seek legal advice beforehand on the probable outcome of litigation, to enable you to evaluate options that may be offered at the mediation
  • List options which you might accept to end the dispute
  • Prepare yourself mentally for mediation, keeping an open mind

What do I do at the mediation?

At the mediation meeting, you should try to...

  • State your precise point of view clearly
  • Listen carefully without interruption to the other side's point of view
  • Assess all options that may benefit you and the other party
  • Comply with the mediator's directions outlining the steps in the mediation process
  • Be willing to co-operate and be prepared to reach an agreement

WHAT IS MEDIATION?CLICK HERE TO READ MORE

Mediation is a simple, inexpensive form of alternate dispute resolution opposed to more formal options available, eg litigation or arbitration.

Mediation is a dispute resolving process available to disputants possessing a genuine desire to mediate, expecting to achieve mutually satisfying dispute solutions by participating in a settlement process guided by trained mediators.

Mediation is not therapy. Although a person with counselling credentials, such as a social worker or psychologist, may also work as a mediator, mediation does not substitute for therapy.

The object of mediation is to assist disputing parties focus on a mutual problem, talk about it, discuss possible solutions, and, if they choose, agree upon a solution.

Therapy may assist disputants gain emotional distance and make them better able to handle conflict, but that's a different process.

Disputants, if they wish, may seek independent therapy before, during, or after mediation.

Mediation is not the practice of law. Many mediators are also solicitors or barristers. However, whenever a legal practitioner acts as a mediator, he/she cannot provide individual legal advice or representation to one of the parties to the mediation. A legal practitioner represents you; a mediator is a neutral third party.

Mediation is not only for court cases. Although various Courts refer parties involved in litigation to mediation (especially family law matters) you may also engage a mediator as an alternative to going to court in the first place.

Mediation is confidential. Mediation is a private matter. Everything that is said in mediation is confidential. Litigating is a formal system in which most of what is filed or said in Court is part of the public record. A mediator is bound not to reveal what the parties have said in mediation, except in a few limited situations:

  • When there is an existing law that requires the mediator to report certain information, such as child abuse
  • Where the mediator believes it is necessary to reveal information so as to prevent serious bodily injury or death
  • Where the mediator's conduct is questionable

Mediators generally have no hard and fast procedural rules at their meetings; individual mediators rely on their personal experience, skill and training to conduct and guide parties towards settlement.

MEDIATION COSTSCLICK HERE TO READ MORE

There are no fees, costs, commissions or rewards payable to this website should you locate and select one of our listed mediators. This website is supported only by participating mediators.

It is recommended you seek and obtain from your selected mediator on initial contact, an estimate of his/hers professional fees and expenses, and the manner of payment.

In most cases, mediator's fees and expenses are shared or split between the disputants and are payable whatever the outcome of the mediation.

Since mediator's costs are largely a function of time, the quicker pace of mediation often means that mediation costs are less than if the dispute went to a Court for determination.

Mediator's fees and expenses are normally calculated on an hourly or daily basis and may include time spent in preparation, research, perusing documents, or organising accommodation for a meeting.

Each disputant is responsible for their own lawyer's fees.

If you require the precedent in word document format, contact Michael Twemlow, Solicitor, on (02) 9369 2600.

WHEN NOT TO MEDIATECLICK HERE TO READ MORE

Mediation is not an appropriate dispute resolution option in the following circumstances:

  • The dispute involves a point of law, the interpretation/construction of a document, the necessity for an urgent injunction, or in disputes when an allegation of fraud or other commercially disruptive conduct is made
  • The disputants have a history of mutual intimidation, violence or acrimony
  • The disputants have agreed to establish a legal or public precedent
  • There is an imbalance of power, social or financial position between the disputants
  • A statutory time limitation or deadline expiry date is imminent

Caution:

Mediation does not suspend the operation of a statutory time limitation.

It is recommended you obtain legal advice on this important legal principle in the possible event that mediation fails and you are obliged to litigate.