What do you call the process in which an impartial third party helps those involved in a dispute reach an agreement?

Australian Mediation – information & FAQs

Will I need legal representation in Mediation?

Because mediation is a voluntary process legal representation is not necessary for most mediations.

However, some individuals feel more comfortable with a lawyer’s assistance. Some parties also have their lawyer review settlement agreements before they sign.

How long will Mediation take?

Mediation takes considerably less time than litigation.

However, this time varies depending on the complexity of the dispute and the amount of parties involved. The average mediation lasts only six hours, but can easily extend to several weeks due to the factors previously mentioned.

Are Mediation settlements binding?

Yes. A signed settlement agreement is as enforceable as any other contractual agreement.

Some Family Law mediation agreements must be lodged with a court to be recognised.

Does Mediation replace the need for legal advice?

No. Mediation is not a substitute for legal advice.

In most mediation situations, it is advisable that parties consult with a lawyer before and during the mediation process. It is also advisable that parties have a lawyer review any written agreement before it is signed.

What happens if the parties don’t reach an agreement?

The issues after a mediation session have become more defined and clearer, so as to allow the parties to focus on what is important without the peripheral  distraction of side issues.

Usually, most issues are resolved through mediation, or at worst a majority of them, leaving the parties to pursue other remedies with their outstanding concerns.

Are Mediation services available by phone or over the internet?

Our dispute resolution services are flexible and responsive.

We have taken every step to ensure that your experience with our service is seamless and efficient. If you require teleconferencing, video-conferencing, or web-based capabilities we have the appropriate solutions to meet your needs.

Our extensive internal resources and strategic alliances are ready to provide you with excellent customer services.

What are the qualifications to be a Mediator?

The AMA only selects those Mediators who are recognized for their expertise and standing in the legal and mediation communities.

We only chose those professionals who maintain the highest degree of professionalism and integrity.

All of our mediators have extensive mediation training and exceed the mediation training requirements set forth by their local jurisdictions.

Dispute resolution (also called ‘alternative dispute resolution’) involves the people who are in dispute talking about the problem and coming to an agreement about how to solve it. You may work out a solution by yourselves or seek help from an impartial person (someone who is not involved in the dispute), such as a mediator.

Dispute resolution is usually quicker and cheaper than going to court. Sometimes it is free.

A court may require you to try to reach agreement using dispute resolution before it will hear your case. For example, in civil cases brought before the Magistrates’ Court or in family disputes over care for a child.

Types of dispute resolution

Negotiation – involves people in dispute communicating directly, either by speaking or in writing, to try to reach an agreement. It is a good first step for most types of dispute.

Mediation – is when an impartial person (a mediator) helps people to negotiate with each other to resolve their dispute. It can be used when individuals have clear conflicts with each other.

Facilitation – is like mediation but is used for groups that are in conflict, such as in planning matters or body corporate disputes. Facilitation can be used as a forum for different points of view to be discussed and considered in reaching an agreement. It is led by an impartial person (a facilitator).

Conciliation – is a process where the people in dispute try to reach an agreement with the assistance and advice of an impartial person (a conciliator). The conciliator usually has some experience of the matter in dispute and can advise the parties of their rights and obligations. Conciliation can be used for disputes where you need to uphold your rights, or need advice on what your rights and responsibilities are, such as in equal opportunity disputes.

Arbitration – is a formal process where the people in dispute present their case to an independent third person (the arbitrator) and are bound by that person's decision. Parties in dispute may agree to arbitration (often as a term of contract before any dispute arises) but often one person applies and the other person is required to participate. Arbitration is sometimes used when other methods of dispute resolution haven't worked, but it's most often used in situations like industrial relations disputes or contractual disputes between businesses.

Except for arbitration, people involved in dispute resolution come to their own agreement. Mediators, facilitators and conciliators can give information and advice, but do not impose a decision about how the dispute should be resolved.

Family dispute resolution is the process of trying to come to an agreement about things like parenting arrangements or division of property, rather than going to court. The aim of family dispute resolution is to reach an agreement that is good for everyone involved, practical and workable and in the best interests of children.

If you apply for a parenting order, in most cases you must attach a certificate from a family dispute resolution practitioner with your court application.

Dispute Settlement Centre of Victoria

The Dispute Settlement Centre of Victoria External Link has a freephone service that will work with you to try to resolve your dispute. The centre will talk about your problem with you, discuss options, suggest negotiation strategies and organise mediation, if required. Call (03) 9603 8370 or 1800 658 528 (country callers).

The centre does not deal with family law-related disputes, although it can assist older Victorians who are thinking about transferring assets or property to family members.

Read Using family dispute resolution for information about services that can help with family law matters.

Other support

Find out how you can get other support for courts and the legal system.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

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