February 19, 2024
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As much as the words “can’t we all just get along” are embedded in the lexicon, it is a simple fact of life that we can’t always agree with everyone in our lives. Whether it comes to business or our personal lives, we will still have disagreements. When big things are at stake, it can be difficult to come to a resolution without assistance. This is where a mediation firm can come in. Although they don’t have the binding power of an arbitrator, a mediator is trained in professional negotiation to help two opposing sides reach an agreement that they can live with. Often this can make a resolution amenable and conciliatory, rather than a hostile process. The top Gold Coast mediation firms can handle a wide variety of cases to assist you in reaching an agreement.

Types of Conflicts Handled By Mediation

Trained to handle a wide variety of issues, mediators can assist with many different conflicts types. These are just a few of the most common ones.

  • Divorce and child custody: Perhaps the most common use of mediators is to manage disagreements arising from divorce, primarily the separation of assets and the issue of child custody. A mediator will often meet with both parties separately to determine their desires and needs and work with the spouses together to try and reach a resolution. This is often preferred as a mediator will work towards a solution that both parties are happy with while leaving the control in the hands of the people involved. Mediation firms aren’t lawyers, and their decisions and recommendations are not legally binding. The goal is for the parties to reach a genuine agreement, rather than an imposed settlement.
  • Family disputes: When it comes to personal matters, it can be hard to remove oneself from the conflict to look at both sides objectively. This is the job of a mediator, particularly in family disputes. By removing themselves from the personal ties that can make family disagreements so contentious, a mediator can often de-escalate the situation and allow an amicable resolution to be found.
  • Business and contract disagreements: Normally, the intent of a contract is to clearly lay out the responsibilities of both parties. Nevertheless, plenty of differences arise. While some contracts require the use of a legally-binding arbitration, a mediation session can enable parties to reach an agreement without escalation. By looking at the spirit of the contract and the needs of the parties, the mediator can help encourage the negotiation process between the sides.

The Advantages of Mediation

Since their decisions aren’t legally binding and still require both parties to agree, many may wonder about the advantages of using a mediation firm. There are several.

  • Reduced legal costs: The legal expenses incurred by both parties at a mediation firm are much lower than the escalated options or actual court time. Mediators can ensure that the parties reach an agreement without costing an arm and a leg.
  • Privacy: Unlike court cases, a mediation session and solution remains private and off the public record. This makes the solution more ideal, particularly for sensitive matters.
  • Joint Input on Mediator: Both parties have to jointly select a mediator. This means that there is a greater feeling of fairness in the final agreement since both parties felt equally represented by the mediator.
  • Better Long Term Relationship: A quicker and cheaper resolution can enable the relationship being mediated to avoid long term damage and perhaps allow for some level of repair and reconciliation.

With several advantages, a mediation firm can be an ideal step for conflict resolution without the engagement of the court or an arbiter.

Louise Simons