Mediation
- Home
- |
- Mediation
The Mediation
Mediation results in agreement in about 90% of cases. This means you can move on with your life.
Mediation provides a result straight away. If you go to court, it is likely you’ll be stuck in the court system for years.
Mediation is cheaper than litigation. Imagine $4,000 for a mediation ($2,000 each) and all issues resolved, compared to thousands and thousands of dollars to be tied up in a court system for at least 2 years before getting a final resolution.
Being stuck in the court system means two (2) principal things:
- You cannot move on with your life
- The money spent could be better spent on improving your life and the life of your family.
In Patricia’s many years of experience, usually, the result at the end of lengthy and emotionally draining litigation is often the result that she predicted at the commencement of proceedings. This means a lot of wasted money
Mediation occurs in a positive and constructive environment that allows you to speak freely. There is no cross-examination or rules about evidence.
Mediation ensures each party – not the court, or lawyers, create and own the decision.
Being both a mediator and a barrister who represents parties at mediation is a significant advantage. Patricia can read the play very quickly!
Patricia can provide you with a section 60I certificate as she is a Registered Family Dispute Resolution Practitioner.
Patricia – your Mediator
- Patricia is a barrister of over 15 years standing conducting court cases and mediations.
- She has extensive academic qualifications to back up her practical ability; read Patricia’s CV here.
- Patricia offers an “evaluative mediation” if the parties want this. This means she will evaluate the merits of the dispute and provide suggestions about how to resolve it.
- She is there to help you identify issues and explore any options and or suggestions that you may not be able to get in court, meaning you are in control of the outcome.
- Patricia is not there to judge who is right or who is wrong.
- Patricia’s straight-talking down to earth personality means resolution, even in the toughest cases.
- Patricia is a nationally accredited mediator which means she has all the necessary accreditations, experience and ongoing training ensuring you are in very capable hands.
What happens at Mediation?
After both parties have arrived, your mediator welcomes you and explains the role of the mediator, the way mediation works, how it will run and the rules to be observed for a successful outcome.
Mediation can occur as a “round table” or where participants are in separate rooms. If the mediation is being conducted online, the parties can be onscreen together or in separate virtual rooms.
The mediation commences with each person, in turn, describing the issues to be resolved from their particular point of view. During the discussion of the issues, an agenda is created (a list of the issues of both parties that sets the boundaries of the mediation). From the agreed and prioritised list each item is discussed with each person having input into the options for resolution.
In mediations, it’s common for the parties to go into separate rooms and have the opportunity to speak privately with the mediators to evaluate how things are going and to consider and discuss any further options. These are called “private sessions”. Each party is given the same amount of time privately with the mediator, and each private session is confidential. After private sessions conclude, the parties come back into the main room to continue the mediation. If the mediation is being conducted with the parties in separate rooms, the mediator will pass offers/suggestions between the parties.
If agreement is reached in part or in full, the parties or their lawyers may prepare a written agreement to be signed. If the parties are not represented by lawyers, the mediator will assist the parties to put the agreement in writing.
The agreement that the parties may sign can take many forms such as, “Consent Orders”, “Heads of Agreement”, “Deed of Compromise” or in the case of children, and agreed “Parenting Plan”.
If all things are agreed upon, and the parties wish to have the agreement made into Court Orders, the parties or their lawyers can submit the finalised and signed document to the court for approval. This is usually a quick and straightforward process.
Workplace and Employment Law, Discrimination, Family Law, Estate Law and Mediation.
Prefer not to be in the court system? Mediation has a 90% success rate in reaching agreement.
Patricia Kirkman-Scroope
Barrister at Law, Mediator.
- Workplace and Employment Law
- Discrimination
- Family Law
- Wills and Estates
Member
- Bar Association of Queensland
- Law Council of Australia
- Nationally Accredited Mediator
- Family Dispute Resolution Practitioner