What is Mediation?

Mediation is a collaborative and voluntary process focused on facilitating communication and agreement between parties, while litigation involves a court-imposed resolution, and arbitration involves a decision imposed by a neutral third party.

How Does Mediation Work?

Mediation is an in-person or digital meeting which is guided by a neutral facilitator, fostering open communication and empowering parties to collaboratively reach a mutually agreeable resolution.

What Are the Benefits of Choosing Mediation Over Litigation?

Mediation offers a quicker, cost-effective, and less adversarial alternative to litigation. Parties maintain control over the outcome and actively participate in crafting mutually satisfactory solutions. The process is confidential, preserving relationships, and the mediator facilitates understanding. Unlike litigation, mediation prioritises amicable resolutions, reducing stress, time, and expenses associated with courtroom battles while fostering a cooperative atmosphere for parties to reach agreements tailored to their unique needs and interests.

Is Mediation Confidential?

In mediation, absolute confidentiality is paramount. All participants, including the mediator, are required to enter into a binding confidentiality agreement. This agreement ensures that discussions, documents, and any information shared during the mediation process remain strictly confidential. The mediator will not disclose any details to external parties, including the court, without explicit consent. This commitment to confidentiality creates a secure environment for open dialogue, encourages honest communication, and fosters a safe space for parties to explore resolution options without fear of information being used against them in any subsequent legal proceedings.

How Much Does Mediation Cost?

Half-Day Session (up to 4 hours): $1,600

• This includes the mediator's preparation time, up to 4 hours of mediation, and basic administrative costs.

Full-Day Session (up to 8 hours): $3,000

• The full-day rate offers a more cost-effective option, encouraging parties to dedicate extended time to the mediation process.

• It covers the mediator's preparation time, up to 8 hours of mediation, and associated administrative costs.

This fee structure is designed to incentivise parties to opt for full-day sessions, promoting a more comprehensive and focused approach to mediation while providing a cost-effective solution for resolving disputes.

The mediation fees are to be shared equally by the participating parties, ensuring a fair and balanced financial responsibility.

Payment for the selected mediation session is kindly requested in advance to secure the mediation date and time.

Where is Calderbank Dispute Resolution Located?

We normally operate virtually or in the Melbourne CBD. However, we are available to travel to surrounding areas or interstate to facilitate sessions upon request. Travel arrangements and additional details can be discussed during the initial consultation to accommodate the needs of the parties involved.

What Role Do I Play as a Participant in Mediation?

Active participation is central to mediation success. Parties are urged to openly communicate, sharing perspectives and aspirations. The process thrives on collaborative dialogue, with each participant playing a vital role. Success depends on the willingness to actively listen, engage constructively, and explore solutions together. Mediation empowers participants to shape outcomes, fostering customized and mutually agreeable resolutions. This dynamic involvement ensures not only the effectiveness of the process but also the creation of durable and satisfactory solutions that align with the unique needs and interests of all involved parties.

Are Mediators Licensed or Certified?

The Mediator Standards Board (MSB) is the organisation in Australia that sets and maintains standards for the mediation profession. They are responsible for developing and promoting best practices in mediation and ensuring that accredited mediators adhere to these standards.

The National Mediator Accreditation System (NMAS) is a set of standards and guidelines for the accreditation of mediators in Australia. It provides a framework for the training and assessment of mediators, aiming to ensure a consistent and high standard of mediation practice across the country.

Under the NMAS, mediators can achieve accreditation by completing appropriate training and demonstrating competency in the core areas of mediation practice. Accredited mediators are expected to adhere to a code of conduct and ongoing professional development requirements.

Can Lawyers Be Present During Mediation?

While the presence of lawyers can be beneficial in many cases, it is not always necessary. In some mediation contexts, parties choose to engage in the process without legal representation to promote open communication and a more cooperative atmosphere. The decision to involve lawyers often depends on the complexity of the issues, the legal intricacies involved, and the preferences of the parties.

Will Mediation Result in a Legally Binding Agreement?

While mediation agreements are not court orders, they can be legally binding if certain conditions are met, normally requiring a written agreement signed by the parties and in compliance with legal standards. However, the outcomes of mediation are ultimately in the hands of the parties involved, and the process is designed to respect their autonomy and choices.

As the nature and legal implications of mediation agreements can vary, parties are encouraged to seek legal advice to navigate the specifics of their situation.