Negotiation is always the first step when you’re trying to find a resolution to an issue that faces you. This is a part of our daily lives as individuals, and even more relevant in a professional context. It’s the cheapest option and maintains working relationships. But have you been attempting to negotiate a solution with a partner or contractor and are getting nowhere?
It may be time to introduce a new party into the negotiations, someone who is not too close or attached to a certain point of view and who has not been subject to the emotions that often surround disputed issues. A new face with a fresh approach may be just what is needed to get negotiations moving again.
Our Managing Partner is a Certified Mediator with the Institute of Arbitrators & Mediators Australia (LEADR & IAMA) the leading dispute resolution organisation in Australia, New Zealand and the Asia Pacific region.
Mediation is a confidential process where a neutral third party assists the disputants to negotiate and reach a decision about their dispute.
Unlike arbitration or expert appraisal, the mediator cannot impose a decision upon the parties. However, through their facilitation and technical skills the mediator is able to assist the parties explore the issues in depth and reach the best possible joint decisions that the circumstances allow.
Because it is likely to be quicker and more effective then the more formal processes of arbitration or litigation, mediation should be considered as early as possible after a dispute has risen. It is particularly appropriate where a dispute involves complex issues or multiple parties.
Mediation can be implemented prior to, or in conjunction with, other forms of dispute resolution such as arbitration or court proceedings. Where privacy and confidentiality are important, mediation enables parties to preserve these rights without public disclosure. This often leads to more satisfactory outcomes for both parties.
We are familiar with negotiating on behalf of clients in dispute situations or acting as an independent referee between parties. The role undertaken by us can be tailored to exactly fit the needs of one or both parties as the circumstances require and we would normally recommend that all avenues of negotiation be exhausted before embarking on a more formal process.