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In the meantime, if you have any questions, please refer to the FAQs below.
Frequently Asked Questions
Litigation and tribunal proceedings have an important role in resolving disputes, but they are not always the most efficient or practical solution.
Mediation is a confidential and structured process in which an independent and impartial mediator assists parties in dispute to communicate, understand the issues between them and explore options for resolution. Unlike a judge or tribunal member, the mediator does not decide who is right or wrong and does not impose an outcome. The parties retain control over whether they reach an agreement and, importantly, what that agreement looks like.
This flexibility means mediation can often achieve practical outcomes that may not be available through a court or tribunal. Mediation can be particularly valuable where the parties have an ongoing relationship, whether as neighbours, property owners, members of a strata community (such as an owners corporation, community association, company title or BMC), businesses or contracting parties.
Mediation can provide parties with:
- Control – The parties decide whether to settle and determine the terms of any agreement.
- Confidentiality – Mediation provides a private environment in which issues and possible solutions can be discussed.
- Flexibility – Parties can explore practical and commercial outcomes that may go beyond the remedies available through a court or tribunal.
- Efficiency – A private mediation can often be arranged and conducted significantly sooner than a government funded mediation and much sooner that a matter will be listed for a final hearing.
- Cost effectiveness – Resolving a dispute at mediation may substantially reduce the legal and expert costs associated with prolonged proceedings.
- Preserving relationships – Where parties need to continue living, working or doing business together, mediation can provide a less adversarial way of resolving their differences.
Mediation is generally conducted on a confidential basis, subject to the terms of the mediation agreement and applicable law.
Confidentiality allows parties to have open and constructive discussions about the dispute and potential solutions.
Before the mediation takes place, the parties will ordinarily enter into a mediation agreement setting out the basis upon which the mediation will be conducted, including confidentiality arrangements.
The cost of mediation will depend on the anticipated duration of the mediation (for example, half day 4 hours or full day 8 hours).
Vinc Legal can provide information about the applicable mediation fees before the parties agree to proceed.
The parties will ordinarily agree on how the mediator’s fees are to be paid.
The most common arrangement is for the mediation fee to be shared equally between the parties.
The agreed payment arrangements will be confirmed before the mediation and funds are required in trust before the mediation is scheduled.
No. This is entirely at the discretion of the parties.
If you do intend to bring your lawyer to the mediation please ensure that the other side is aware and consents to the mediation taking place.
Although an experienced lawyer, as an independent mediator, Anna cannot provide either party with legal advice during the mediation.
Not necessarily.
Depending on the circumstances, mediation may involve joint discussions, separate discussions between the mediator and each party, or a combination of both.
The mediation process can be adapted to suit the circumstances of the particular dispute.
Please let Anna know if you do not feel comfortable or are fearful being in the same room as the other party.
Yes.
Anna can conduct mediations in person or online, depending on the nature of the dispute and the preferences of the parties.
Online mediation can be particularly useful where parties are located in different areas.
If the parties reach an agreement, the agreed terms can ordinarily be documented.
Depending on the nature of the dispute, the parties may wish to have their lawyers prepare or review a settlement agreement, deed, consent orders or other appropriate documentation.
The parties are not required to settle simply because they attend mediation.
If an agreement cannot be reached, the parties generally retain their legal rights and options which are otherwise available to them, subject to the circumstances of their particular dispute.
Even where the entire dispute is not resolved, mediation can sometimes narrow the issues between the parties or resolve particular aspects of the dispute.
Documentation confirming that parties attempt to mediation or participation in mediation without a resolution can be provided upon request.
There is no single right time.
Mediation can take place when a dispute first arises, after negotiations have stalled, before court or tribunal proceedings commence, or while proceedings are already underway.
In some cases, mediating before the parties incur substantial legal and expert costs can provide greater flexibility to reach a commercially sensible resolution.
Even if the parties have attempted mediation once (usually proper to commencing proceedings) it does not prevent them to attempt mediation again before a final hearing.