Mediation Services | Conflict Resolution Mediators
by McArdle Legal’s Sydney Mediation Pitt St
The emergence of mediation as the principal initial means of resolving litigation has now reached the stage of being irreversible.
A basic priority of the legal system has traditionally been to encourage settlement, but this has been underlined over the last decade or so by the appearance of compulsory mediation in most jurisdictions.
We conduct mediations, producing enforceable agreements. On the other hand, we also supply just rooms for private meetings, or for formal sessions with appropriate specialist mediators (whether or not appointed through our service).
Mediation should not be only seen as an obligation. It is in fact an opportunity for parties to disputes, and their lawyers or families, to resolve matters efficiently and discretely. It is in the public interest, as well as the private interest of parties, to minimise the trauma, time and expense that are an inevitable part of legal disputes.
McArdle Legal, through our associated service, Sydney Mediation Pitt St, puts into practice our commitment to mediation.
The mediation facility at 276 Pitt St, within a few minutes’ walk from most courts and tribunals; it is available on a full service basis.
The facility at 276 Pitt St is designed to meet your needs, whether you are a party to a dispute, a practitioner representing a party, or a practising mediator.
Contact David Adams on 02 8262 6200 for full information and booking arrangements.
Mediation and Conflict Resolution Process
Purpose of mediation is to bring people together to the same negotiating table with an objective of resolving the dispute. As with any mediation process, mediators assist two or in some cases more parties to achieve a practical agreement that is ideally in the best interest of all involved. This solution must also conform to any organisational policies and applicable industrial laws. During the mediation process, both parties are encouraged to talk openly and present all the available information to ensure honesty and openness.
Some of the more common sources of conflict in the workplace for example are due to differences in needs and wants, perceptions, values, knowledge and expectations. Lack of recognition, control or respect in addition to the more obvious instances of harassment and bullying can all be causes of conflict at work. These factors normally result in either employment termination or an employee taking a position; both of these common scenarios could lead to a dispute situation where an employee is claiming an unfair dismissal or an employer taking disciplinary action against employee’s position.
Workplace disputes can be complex involving more than two parties such as the cases of assisting workgroups, management teams or entire offices to identify issues and resolve disputes. While workplace mediators will most likely be experienced in employment and industrial law, their role as mediators requires them to abstain from taking any sides during the mediation process.
In a case of an lawyers acting as mediators, it is obvious that there must be no conflict of interest, i.e. these mediators must not be representing any of the parties legally. As with any conflict resolution, mediator’s position is not to provide any industrial or legal advice. The core function of any mediator during the meeting is to assist parties in clearly identifying issues in dispute distinguishing the needs from wants, encourage the dialog, work out and present the options and finally reach the agreement that is subsequently recorded in the mediation report.
As the goal of a good mediation process is to reach a workable agreement for all parties involved, it is not uncommon for mediation to yield general recommendations to management about possible changes to HR policies and workplace procedures with a view of avoiding the disputes in the future.
Although it is technically possible to use an in-house expert for workplace mediation such as the human resource staff or a CEO, this creates difficulties regarding lack of neutrality and confidentiality. Such in-house conciliator or arbitrator may be influenced by previous experiences, knowledge, loyalties and alliances making them possibly biased or at least they may be perceived as biased by the disputed parties. Workplace mediation that is processed by an external mediator will more likely be fair, objective, confidential and independent.
McArdle Legal mediators are now qualified and independent mediation facilitators with a dedicated office in the Sydney CBD. Don’t wait, CALL TODAY.