How is a Mediator different from a Judge in a court?
- A Judge makes a determination - that is, he or she takes the decision away from the parties.
- A Judge makes that determination only on the basis of evidence which is strictly admissible according to the Rules of Evidence.
- A Judge can only decree an outcome authorised by the legislation e.g. the Family Law Act.
Whereas a mediator:
- ensures that all relevant information is exchanged, whether it is technically admissible or not;
- teases out what the parties' real interests are, as distinct from applying formula solutions imposed by legislation;
- helps parties identify possible ways of satisfying their interests;
- helps parties tailor the outcome to their circumstances in a workable way.
What Are The Benefits Of Mediation?
A mediated settlement is almost always preferable to a decision arrived at as a result of a contested court hearing. In what ways?
- The parties remain in control of the mediation process.
- Mediation is cheaper.
- Mediation is quicker to get to.
- Mediation is usually quicker to get through.
- The parties have the opportunity to minimise the damage that will be caused by personal attacks which frequently arise in a Court trial.
- Mediation can facilitate outcomes that help to preserve or mend ongoing relationships (particularly in relation to family matters).
How A Mediator Can Assist
The mediator is independent. He owes no allegiance to either party. His only allegiance is to the process of assisting the parties to jointly find a solution.
He will ensure that the parties, fully informed of relevant matters and without being bullied, can tease out what their real interests are, and what possible ways there may be to satisfy those interests.
The mediator will:
- keep discussions on track;
- question assumptions and aspirations in order to help parties gain the best trajectory;
- assist with the drafting of any agreements reached by the parties to ensure that those agreements are workable and they will stick.
- The mediator does not determine the outcome, he does not dictate to the parties.
- A mediator does provide a reality check. He assists the parties by providing expertise in the decision-making process.
Fees And Service Areas
Mark Walters is available for half day or full-day mediations. Fees are negotiable and reasonable.
Mark Walters provides mediation services in Bendigo and throughout regional Victoria (other than in Gippsland and the North-East). He is happy to travel to:
- Swan Hill
For mediations in Bendigo, Mark can provide appropriate rooms if requested. Alternatively the parties and/or their legal advisers may wish to make their own venue arrangements.