General FAQs
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- Q: Why choose a lawyer to mediate for me? Can a lawyer make an impartial mediator?
- A: Lawyers are extremely familiar with dispute issues. They also have the added benefit of understanding the outcomes of litigation for the parties in dispute. Su Lloyd's belief in the value of mediation as an alternative dispute resolution tool, together with her training and accreditation, makes her a highly sought after Mediator. Visit the section titled 'Case Studies' to read about the successful outcomes of some of her mediations.
- Q: How does the Australian Work Choices legislation impact on mediation?
- A: Significant changes to the Australian Workplace Relations Act 1996 (Cth) include a greater emphasis on alternative dispute resolution. It offers more flexibility to disputing parties to choose a process and a dispute resolver for themselves. Su Lloyd is an accredited ADR provider and member of IAMA's Workplace Relations Panel. Contact us to discuss how Su can become your preferred workplace dispute resolver
- Q: Should I have a dispute resolution clause in my contract?
- A: Dispute resolution (ADR) clauses are becoming increasingly common in contracts. These provide an agreed primary process for resolving disputes. Lloyd Mediation can assist with drafting suitable clauses. Contact us to find out more.
- Q: What makes a 'good' mediator and how should I select a mediator for my particular dispute?
- A: A 'good' mediator would typically have undertaken specific training in mediation and would have become accredited through a recognised professional organisation such as IAMA or LEADR in Australia.
In selecting a mediator, consider the mediator's professional background, experience and personal qualities. It is not necessary for the mediator to have subject expertise in the content of the dispute. However, parties may be more comfortable with someone who has some background in the subject area of the dispute.
Another attractive option is that of co-mediation. This is a mediation carried out by two experienced mediators, one of whom has significant process experience and the other being a technical expert, who is also an accredited mediator. This can be particularly useful, for example, in intellectual property disputes, where scientific knowledge and research experience would be of benefit in identifying the issues for resolution.
Consider the accreditation of the mediator (see About Lloyd Mediation) and his or her track record (see Case Studies) when selecting or appointing a mediator.
- Q: How do I measure 'success' in a mediated dispute resolution? How do I know that a resolution HAS been reached?
- A: Mediation is not about a winner and a loser. It's about reaching a liveable outcome. The success is in the fact that the parties are able to acknowledge differences and - with the help of the Mediator - move forward to propose a workable solution.
The parties would conclude the mediation either by signing an agreement, or by acknowledging a narrowing of the issues in dispute. A resolution is reached when an agreement is formalised and signed by both parties.
- Q: If my dispute is not being handled in a court of law, how can I be sure that the outcome will be a legal one and will be binding?
- A: A mediated resolution, with a signed agreement is considered legal and binding. Although the process may generate any number of creative and liveable solutions, when the parties sign an agreement following mediation, that agreement is effectively a legal document to which the parties are bound.
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