Mediation is a formal, structured negotiation process between participants of a dispute, facilitated by an independent person known as a Mediator.
A Mediator is an impartial facilitator who assists participants to a dispute identify the issues, assess options and negotiate an agreement to resolve their dispute. Mediators must be accredited under the Australian National Accredited Mediator System (NMAS). Optimal HR's CEO, Lee Mulvey, is an accredited NMAS Mediator.
The mediation is conducted either in person or virtually and attended by: the Mediator; participants involved in the dispute; optional support people. The Mediator will explain the process and assist negotiations by asking questions and encouraging open discussion between participants to enable them to:
Depending on complexity of the dispute and number of participants, an average mediation takes between 4-8 hours. In the weeks prior to the mediation, the Mediator will conduct short interviews (30-45 mins) with each participant to determine the issues in dispute and decide the proposed length of the mediation.
Participants are in ultimate control of any decision to resolve their dispute. Mediators do not advise, evaluate or determine the outcome of disputes. It is essential that participants voluntarily enter into mediation with a genuine willingness to resolve their dispute.
If agreement is reached in full or part, the details of that agreement will be recorded and signed by all parties before the end of mediation. If the dispute is not resolved, a further mediation may be conducted, or the participants may decide to resolve their dispute by other means.
Contact us to discuss mediation fees.
Yes, in certain situations we provide pro bono mediation services to Aboriginal and Torres Strait Islander people. Contact us to discuss your specific needs.