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Mediating the Gap

Often the parties are close - very close - but something is stopping the resolution. This presentation will discuss the many ways of bridging the gap between the parties so that resolution can take place..

Dispute Resolution, Mediation and the Grieving Process

Parties to a dispute are caught in the midst of a conflict. This goes without saying. Given this, in most disputes parties are going through a grieving process. They have suffered a loss and often want to return to the way things were or could have been were it not for the dispute. This presentation explores the feelings parties may face and methods mediators and lawyers may employ to assist parties find resolution with the other party or within themselves.

Reaching a Decision in Mediation

"This is about principle!" "This will never settle!" Parties come to a mediation knowing what they want - or do they? They know what's gone wrong... from their perspective.

However, parties often think in terms of 'all or nothing'. They can find it difficult to articulate how the matter can be sorted out, other than in absolute terms like, "I want to be paid in full" or "The applicnt must withdraw the claim."

A skilled mediator will relate to the parties' concerns while also testing the parties' ideas on how the matter might proceed. This presentation will address many 'blocks' to the parties reaching an agreement and will outline ideas to assist parties to manage expections with a view to resolution.

Confidentiality in mediation

One of the biggest advantages of mediation is that the process is confidential. This means that what's said in the mediation room; stays in the mediation room.

A confidential process allows parties the freedom to talk about the issues openly and frankly without fear that what's said can be used against them later in court.

This freedom allows the parties to proactively think though the issues and come up with creative ideas for resolution. However, there are limits to confidentiality. This presentation explores the advantages of confidentiality, the limits and ways to manage them.

Balance of power

Power: the ability to influence others or events.

Power may be financial or as a result of educational, emotional, cultural or physical factors.

Parties may attempt to utilise their power in mediation. In such circumstances, it is for the mediator to maintain the balance of power so that decision making may be as unfettered as possible. This presentation explores power, the balance of power and how to manage it in mediation.

The ABC of Mediation

A presentation discussing many matters including what to expect in mediation, how to prepare and the benefits mediation brings.