What is Mediation?

Mediation is a method of dispute resolution in which an independent third party, a mediator, assists disputing parties to negotiate a mutually agreeable outcome to resolve their dispute. Parties can enter mediation voluntarily, or they may be ordered to do so by a court or tribunal in which they have proceedings on foot.

The Mediation Process and the Role of the Mediator

The first step in a mediation is for the mediator to provide an explanation of the process. The mediator will then discuss the background of the dispute, agreed facts and contested issues before commencing a structured negotiation or discussion. The mediator will encourage the parties to speak openly, actively listen and work through the issues that have resulted in the mediation. Parties may be asked to identify potential solutions and to discuss the consequences of those solutions. The conversation will be guided by the mediator asking questions, encouraging parties to view issues from alternative perspectives and identifying common goals or objectives. The mediator will not take sides, decide the outcome of the dispute, or impose orders, as a judge or arbitrator might do.

The method of mediation may take a number of forms. The mediator may meet with the parties jointly to assist their direct communication. Alternatively, the mediator may meet the parties separately; this requires the mediator to go back and forth between the parties to understand and communicate their points of view. The mediation method will be determined by the nature of the dispute, willingness of the parties to participate in the mediation and the complexity of the matter. However, it is common for a mediator to use a combination of both methods. A number of mediation sessions may be required before the parties reach an agreement.

Parties may have legal representation to assist them in a mediation. Alternatively, it is generally accepted that individual parties can bring someone to the mediation to provide support; however, the support person will not play an active role in the mediation.

If an agreement is reached about all or part of the dispute, it is usual for the agreement to be detailed and signed by the parties.

Benefits of Mediation

Mediation presents a number of benefits when compared to litigation or arbitration. Most notably, parties actively decide the outcome of the dispute. Parties are generally satisfied with the result because it can be tailored to their individual needs. In addition, mediation provides for a timely settlement of disputes. This reduces both stress and the cost of legal fees. Parties who reach an agreement through mediation are not required to wait for a judgment, as occurs in litigation; they leave with a concluded agreement. Finally, the mediation process and any settlement reached is confidential, making mediation attractive to parties who do not want to litigate in open court.

    Fixed Pricing Agreement

    The initial consultation is FREE, discussing the scope of services and outcome. You will be provided with the total agreed cost in our pricing proposal, no estimates, hourly rates or ranges – just a FIXED PRICE AGREEMENT.

    Because we believe in certainty.

    If you have a question or a query you can email us using the contact form or call us on +61 3 9212 0238

    CLIENT TESTIMONIALS

    Cameron Deane

    “The assistance provided by Harriet with reviewing and negotiating the terms of our building contract, which encompassed both a significant financial commitment and extensive amount of renovation work, was essential to providing us with peace of mind that our interests were covered legally at all times. Harriet's professionalism, attention to details and expertise in this field were beyond reproach and I highly recommend her services to anyone considering any building related work.”

    Cameron Deane

    Construction Client

    “Harriet, can I just thank you for being so incredibly kind to us. Sean was right – you are amazing.  I wanted to try and express that in person during our meeting but it’s been such a difficult week I knew I would blub all over you if I started.  Never a good look – especially when you’re on the other end trying to juggle London and Kyrgyzstan! We really appreciate everything you have done (and are doing for us).  Without you, all we would have is a slowly imploding bathroom with a loadbearing wall that could collapse without warning. Gives me anxiety every time I think about it!”

    Construction Client

    Chanoch Serebryanski

    “Very professional and easy to deal with. A real pleasure to use at a great value.”

    Chanoch Serebryanski

    David Cherny

    “Highly recommend Warlows Legal. Harriet and her team were professional and supportive throughout, couldn't have asked for a better service.”

    David Cherny

    Chaim Korik

    “Harriet and team took the time to listen to our needs and ensure we had all the contracts in a timely manner. Felt like working as a team!”

    Chaim Korik

    Sarah Chanah Sufrin

    “Harriet really cares for her clients and works tirelessly to achieve the best result for them every time.”

    Sarah Chanah Sufrin

    Chaya Wolf

    “Excellent experience with Warlows Legal. Harriet is personable, professional and of a very high standard. Would recommend to everyone seeking legal advice.”

    Chaya Wolf

    Avi Kluwgant

    “My experience with this company has been an absolute breath of fresh air. I cannot recommend the legal services offered here enough. Thank you!”

    Avi Kluwgant

    MySmallHelp Australia

    "I'm Matt from MySmallHelp Australia. I was looking for a friendly, trustworthy legal firm to set up the charity.  After talking with Harriet for a short time I found her to be knowledgeable and able to communicate fairly complex legal terms simple manner. Harriet and her team delivered exactly what they said they would in a very timely fashion. Warlows Legal team achieved these deliverable above my expectations. I can t recommend them enough. Thanks you so much for your help and guidance."

    Matt Rai