The death of a loved one is a very difficult time and siblings can often have very different views around provisions in a will for asset division. These disputes can erupt into expensive and lengthy court battles. Of course, estate planning can address many potential...
The Mediation Process
High Conflict
Conflict is a good thing... WHAT?!?!? It really is, unless our perceptions and reactions get the better of us. Fear is usually at the root of many conflicts - fear of abandonment, loss of some kind, or being dominated. Conflict becomes our automatic protection...
Workplace Conflict and Abrasive Behaviour
Many of us have had issues at work which cause distress and disruption or impact productivity and performance. Abrasive behaviour is generally a state of friction or wearing down. However, it tends to fall short of the legal definition of bullying. When people feel...
Mediation: Gentle on people, firm on interests
Mediation focusses on interests and needs, not 'positions' or legal rights and obligations. Positions tend to clash, but there is almost always an overlap of common 'interests' in a conflict. Each party feels 'right' and it is our job to help them open their mind to...
Assumptions, neutrality and impartiality
Assumptions can be loosely defined as notions of truth without proof. Mediators are required to be impartial, but no person thinks in a completely neutral way. We all make judgements about people and possible outcomes. How do mediators deal with this? Making...
Mental Health Matters
Mental health affects many of us from time to time. When we are experiencing conflict, stress can increase the severity of symptoms. It is really important for you to inform your mediator (confidentially is fine) of any mental health issues or disorders suffered....
Is mediation really the alternative?
In human history, reaching consensus has always been the dominant method of resolving disputes. Even today, only around 2% of all litigation matters reach adjudication, and the courts now encourage ADR which is beginning to have a profound impact on public perceptions...
Estate Mediation
Mediation is mandated in deceased estate litigation in the Supreme Court of NSW, but can also be used from the outset to assist distressed families avoid proceedings. From the Australian Mediation Association's Facebook page today: Bob Hawke's daughter's legal claim...
4 Reasons to Consider Mediation
Mediation is: Cheaper Faster Confidental You control the outcome Conflict can arise in and impact many aspects of our lives. But it need not cost a fortune or take months (or years!) to resolve. If you are prepared to openly discuss the issues underlying the dispute,...
Mediation is …
What is mediation? Mediation is a structured dispute resolution process, which aids and supports parties to identify issues, develop options, consider alternatives and outcomes, and make decisions about future actions and behaviours. There are rarely any real winners...