Mediation is an important step in the dispute resolution process. It is a voluntary and confidential meeting (or conference) conducted between disputing individuals (or corporate entities) who will discuss their issues and, with the assistance of the mediator, will work towards a mutually beneficial resolution.
A mediator is appointed by the parties and is neutral and impartial. His/her only role is to "facilitate" discussion and resolution of issues. They do not give legal advice and nor do they take sides.
Mediation is an informal and "user friendly" process which has high success rates. It is a much cheaper and time saving process than traditional litigation. A successful mediation will mean that the parties avoid the high cost of litigation, avoid wastage of time, and avoid the stress, anxiety and frustration that follows the normal litigation process.
At the conclusion of a mediation, whether its Court-ordered or not, the last thing anyone wants is that nagging feeling – what if….?
Often, the issue of whether a dispute will resolve before a formal court hearing will not just depend on the parties. In many cases, the way in which settlement negotiation are facilitated will be as important as the merits of the discussions themselves.
If the wrong issues are focussed on or if negotiations become side-tracked or overly emotive, a good opportunity for settlement can slip through everyone's fingers very easily.
For lawyers and clients alike, having a competent, patient and dedicated mediator can make an invaluable difference.
Our Principal, Murray Bruce, is a trained, qualified and experienced mediator. He is an approved mediator with the Supreme Court of Queensland and the Queensland Law Society, he is accredited with the Institute of Arbitrators & Mediators Australia (IAMA) and has held accreditation with the Victorian Bar.
Murray can assist parties and their lawyers to identify and focus on the important legal aspects of their cases, if that's what called for. But, more importantly, he also has the ability to isolate and grapple with what's really important to each side, empathise with it, and bring a perspective of realism and practicality.
In any commercial or civil dispute, Murray's aim is to give the parties the best chance of resolving their matter and, if settlement is not possible, of avoiding that nagging feeling.