Dispute Resolution and Mediation
Mediation is a form
of Alternative Dispute Resolution, where the mediator takes the role of a
neutral third party in assisting two or more parties in dispute to seek some
resolution.
Mediation is
different from arbitration and conciliation, in that a mediator cannot impose
solutions or decisions, however the mediator can facilitate the exploration of
issues preventing any joint decisions being achieved.
Dispute Resolution and Family Dispute Resolution
It is now required by the law that separating families
make an genuine effort to resolve disputes relating to separation and divorce
as an alternative to court. This includes disputes about parenting arrangements
and financial matters. A genuine effort to resolve disputes must be made before
separating partners can apply to the Family Court. A certificate may be issued
by the family dispute resolution practitioner allowing the way for an
application to court.
Family Dispute Resolution is a means of resolving the
disputes without a third party (the family court) making a decision, and can
save time, money and stress.
It is important to
appreciate the fact that dispute, conflict, argument, difference and
disagreement are an integral, healthy and ordinary part of everyday life.
It is also a fact
however that some matters of dispute between people escalate to the point that
the parties have less influence over the process and outcome than they would
like. The interaction between the parties threatens to get out of hand and out
of control. Such disputes are often emotionally paralysing and mentally all
consuming for those caught up in the dispute itself. People often behave in
ways that they regret and reflect poorly upon them. Aggression, verbal abuse
and violence are not at all infrequent in such matters.
An expert mediator, conciliator or arbitrator is a professional and neutral third party who is able to genuinely appreciate the position and perspective of each side to the dispute. Balance is the hallmark of such professionals and they are able to work fairly and equitably with all to achieve a durable resolution of a matter that initially may have appeared intractable.