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Evolution of Mediation
What are Mediations?
Mediation has grown rapidly across the world since the 1960s. Australia has become a global leader in mediation law and practice, readily embracing new technology and new ideas. Mediation is a process in which parties, with the assistance of a mediator, identify the issues in dispute and endeavour to reach an agreement.
The Noble Park Centre was one of the first mediation programs funded by the Commonwealth Government. In 1989, the Centre recorded that 72 mediations were conducted. At this stage, professional standards, guidelines and accredited regimes were yet to be introduced.
Court-based mediation was introduced by the Victorian County Court in 1983. The Federal Court of Australia followed suit and introduced a mediation program for alternative dispute resolution in 1987. In 1991, the Federal Court of Australia Act 1976 was amended to allow the Court, with consent of the parties, to refer the proceeding to a mediator.
As summarised by Barrister David Paratz, mediation was a new philosophy focusing on cooperative problem-solving in place of the old combat model where parties were pitted against each other. Practitioners had little choice but to readily embrace the rise of mediation otherwise they would be left behind.
Why is Mediation Preferred?
Mediation is now the preferred, cheaper and quicker alternative to litigation in Australia. The majority of Australia laws facilitate, even mandate mediation prior to commencing court proceedings. In Family Law, mediation is a mandatory pre-action procedure for parenting matters pursuant to section 60I of the Family Law Act 1975. There are exemptions to this requirement based on urgency, family violence and/or child abuse. Outside of the Court, many private organisations and institutions offer mediation services for any kind of dispute.
As one of the most litigious societies in the world, mediators are continuously exploring new and creative styles of mediation. Some examples include:
- Transformative mediation – the mediator focuses on empowering parties to resolve their conflict and encouraging them to recognise each other’s needs and interests. This is an ambitious style of mediation, aiming to transfer the relationship of the parties through the process of acquiring the skills they need to make constructive change.
- Narrative mediation – this is a modern form of mediation where the primary focus of the mediator is on fixing the relationship between parties and then resolving the dispute following that.
- Online mediation – this form of mediation utilises online or web-based technologies to assist in the resolution of disputes. The process usually involves a third party whose role is to adopt facilitative, advisory or determinative approaches. However, the third party role is often assumed by online computer-based software or other artificial intelligence that do not involve a ‘human’ practitioner. While Australia is still warming to the idea of online mediation, mediators are ready to support and foster the development of this new technology.
If you are ready to participate in mediation and reach a timely and fair outcome with your ex-partner, please contact the team at James Noble Law today for a free, no-obligation 20 minute consultation.
Need Help ?
Contact Brisbane Mediators now. Or choose a package to suit your requirements, “Noble and Noble Mediations” offer convenient set Price Packages at half day or full day rates, which cover full cost of mediation and amenities on the day. Simple.
Find Best Family Mediators in Brisbane on Google Maps near you now.
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Shuttle Mediations – What are they and why use them?
What is Shuttle mediations in Brisbane? Why use them?
If you and your partner have just recently separated you are likely to have lots of questions about the next steps and what the future may look like for you and your family.
Mediation can often be a good starting point and a highly effective method of alternative dispute resolution to discuss, negotiate and hopefully resolve your family law matter. If you have a parenting dispute, you are required to attend some form of dispute resolution prior to commencing Court proceedings. If you already have Court proceedings on foot, the Court will also likely make Orders for the parties to attend mediation before setting the matter down for a trial or final hearing.
At Noble and Noble Mediations we offer cost effective mediation options to parties (either with or without their solicitors) to negotiate all types of family law disputes including parenting arrangements and property settlements.
One of the popular forms of mediation we offer at Noble and Noble Mediations is what is commonly referred to as a “shuttle mediation”. A shuttle mediation involves the mediation occurring without the parties coming into direct contact or communication with each other. The parties are seated in separate rooms with the mediator effectively “shuttling” back and forth between them to communicate a parties’ position and to exchange offers of settlement.
Shuttle mediations can be useful in a number of family law matters such as:
- Where there may be a power imbalance between the parties;
- Where there has beena history of domestic violence;
- Where there is a high level of conflict between the parties;
- Where one party is struggling with the emotions associated with the separation; or
- Where communication between the parties has broken down and become strained following the breakdown of the relationship.
Shuttle mediation can therefore be successful with the mediator taking on a primary role in facilitating the negotiations, identifying the issues, developing options, encouraging alternatives and supporting the parties to reach an agreement that they are satisfied with to end the dispute.
In determining whether a shuttle mediation may be useful for your family law matter, it is important to remember that as you will not be coming into direct contact with the other party, there will not be an opportunity for you to directly address them and for them to hear and acknowledge your concerns. However, the mediator can relay this information to the other party as part of facilitating the negotiations.
Mediators conducting shuttle mediations will often have what is referred to as a “pre-mediation intake session”. During this session the mediator will meet with each party one-on-one and separately to establish a relationship with the parties, to have knowledge of the background to the dispute, to understand what is important to the parties, what their goals for the mediation are and what their needs for the mediation are.
Our highly experienced mediators at Noble and Noble Mediations are also solicitors who specialize in the area of family law with a significant background and experience with these matters. We offer either a half day or full day mediation, complete with refreshments and with or without solicitors, depending on your preference and requirements.
Need Help ?
Contact Brisbane Mediators now. Or choose a package to suit your requirements, “Noble and Noble Mediations” offer convenient set Price Packages at half day or full day rates, which cover full cost of mediation and amenities on the day. Simple.
Find Best Family Mediators in Brisbane on Google Maps near you now.
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The boom of remote mediation during the COVID-19 pandemic and what the future holds
Remote Mediation during the COVID-19 pandemic and what the future holds?
As we edge closer to a post-COVID world, mediators are embracing remote mediation as the new norm. After all, the traditional method of face-to-face mediation is not always feasible.
Remote mediation provides for a more effective solution by opening mediation to a larger audience and most importantly, generating significant cost saving for all involved during an emotional and difficult time. In circumstances where a Protection Order is in place, remote mediation fosters a safe environment for parties to work towards resolving matters in dispute.
As families continue to be separated as a result of prolonged boarder closures or simply physical distance, remote mediation enables mediations to take place where parties are based in different parts of the world, or just in different states in the same country as we have become familiar with in Australia.
Why is Remote Mediation important?
Often, being in different parts of the world means the parties will be in completely different time zones. In this instance, remote mediation offers parties the flexibility to participate in a series of short sessions instead of a long single mediation session.
The flexibility in terms of time and location alleviates some of the pressure associated with traditional mediations, thereby encouraging a more organic conversation between the parties. By providing an ease of accessibility and flexibility, remote mediation also reduces delays and enables parties to reach a resolution sooner.
Unsurprisingly, face-to-face mediation can be costly. The additional costs usually stem from room hire, travel expenses and travel time incurred. Remote mediation offers the luxury of mediating from home or at a beneficial location, meaning these costs are avoided entirely. Instead of watching the clock at 5:00pm wondering if you will make the train, parties will be comfortable and focused until a settlement is reached.
The savings in travel costs are complemented by the savings in electronic bundles. Before mediation even begins, documents need to be exchanged with the mediator and other parties. Let’s remind ourselves about the length of legal documents. Printing lengthy documents only adds another expense for the client. By moving to electronic bundles, parties are saving money and all of the appropriate documents are available to review and refer to at any point during the process.
Resolving conflict can be particularly difficult in circumstances where a Protection Order is in place. If one party feels empowered to be more dominating and intimidating, the mediation will almost certainly derail without a fair outcome. By separating parties virtually, remote mediation eliminates the stress and fear associated with face-to-face discussions. There is also no possibility of parties running into each other during scheduled breaks in communal areas of the building, such as the cafeteria, lifts or bathrooms.
How do mediators feel about remote mediation?
Remarkably, over 80% of online mediators describe their experience as positive. Online mediators have also reported an 81% improvement in access to participants, an 80% improvement in time efficiency and a 72% improvement in cost efficiency. Parties can have peace of mind in knowing that remote mediation has not sparked a noticeable change in settlement rates. From a mediator's perspective, parties often appear more relaxed, engaged and safe during remote mediations.
At Noble & Noble Mediations, we recognize the importance of evolving with technology for our clients. Remote mediation is an option that produces timely, cost effective and safe outcomes. The flexibility afforded to all parties of remote meditation encourages issues to be resolved without recourse to litigation. If you need assistance, please feel free to contact our qualified mediators at any time.
Need Help ?
Contact Brisbane Mediators now. Or choose a package to suit your requirements, "Noble and Noble Mediations" offer convenient set Price Packages at half day or full day rates, which cover full cost of mediation and amenities on the day. Simple.
Find Best Family Mediators in Brisbane on Google Maps near you now.
Learn more about other resource
What Is The Difference Between Collaborative Law and Collaborative Mediation?
Collaborative Law and Collaborative Mediation
A most important difference between collaborative mediation and collaborative law is how lawyers participate and what happens if the spouses do not resolve all their issues.
As mentioned above, collaborative law requires spouses to have collaborative divorce lawyers whom they must replace if the spouses are not successful in settling everything in the collaborative law process.
In contrast, a party to collaborative mediation is not required to have legal counsel. A spouse who does have a divorce lawyer, on the lawyer's advice and using his or her own good judgment, can decide if the divorce lawyer will attend one or more collaborative mediation sessions.
The client may decide instead to ask the lawyer to assist offline to counsel him or her toward an amicable resolution, develop options, review agreements, and do legal paperwork. If there is no settlement in collaborative mediation, the spouses may continue to use the same lawyers throughout, even if their lawyers are trained in collaborative law.
Having control over the involvement of the lawyers in collaborative mediation significantly improves the couple's ability to control the cost of the divorce. For those clients who fear lawyers will "stir the pot", their ability to decide the lawyer's role in collaborative mediation ensures that any conflict will be of their own creation, not their lawyer's.
In summary, savvy divorcing families, collaborative lawyers, divorce financial advisors, judges, counselors, and other professionals whose practices serve families have applauded collaborative mediation as a fresh innovation in cost effective, client-centered, family-friendly divorce.
Collaborative mediation has proven itself to be an attractive new solution for divorcing spouses who want to focus toward positive independent lives with their emotional and financial stability - and their family - still intact. For divorce and family professionals, it has also opened the door to a more fulfilling and satisfying practice.
Need Help ?
If you need help, feel free to Contact Us at any time at Noble & Noble Mediations. We have qualified mediators ready to help.
Call Us for 24/7 support – 0497 434 460
Find Qualified Brisbane Mediators at Noble & Noble Mediations on google maps.
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How To Win Every Argument. Every time.
In order to Win Every Argument every time, try to follow the following tips.
Do
- Stay calm.
- Use facts as evidence for your position.
- Ask questions.
- Use logic.
- Appeal to higher values.
- Listen carefully.
- Be prepared to concede a good point.
- Study your opponent.
- Look for a win-win.
Don’t
- Get personal.
- Get distracted.
- Be hard-headed.
- Water down your strong arguments with weak ones.
- Lose sight of the bigger picture.
- Get emotional.
- Get stuck arguing a losing point.
If you need help, feel free to Contact Us at any time at Noble & Noble Mediations. We have qualified mediators ready to help.
Call Us for 24/7 support – 0497 434 460
Find Qualified Brisbane Family Mediators at Noble & Noble Mediations on google maps.
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Are You Considering Marriage Separation Process in Australia?
Marriage Separation Process in Australia or in your family. What does it mean for you? Have you clearly thought it through? This could be one of the most traumatic experiences a family will face.
How Australia Introduced ‘No Fault Divorce’ — And Why Our Family Law System is Under Review Again
For decades, if you wanted a divorce in Australia, you had to prove your spouse was to blame. No-fault divorce was not legal by local law.
5 Best Suggestions for co-parenting during COVID-19 in Australia
Today we brought five suggestions for you on “co-parenting Australia”. The Australian Government restrictions are frequently changing to ensure the safety of the people and this means there has been more people in self-isolation and the norm of daily living has changed.
What’s The Lighthouse Project effect in Brisbane, Australia 2021?
The Lighthouse Project came into effect in the Brisbane Registry of the Family and Federal Circuit Court of Australia in early 2021. It is a pilot program designed to assist the most vulnerable participants in parenting matters with concerns as to family violence, abuse or neglect, substance issues, and other safety issues.
More blog posts
How To Win Every Argument. Every time.
In order to Win Every Argument every time, try to follow the following tips. Do Stay calm.Use facts as evidence for your position.Ask questions.Use logic.Appeal to higher values.Listen carefully.Be prepared
