Mediation

Choose a flexible, formal dispute resolution.

If your conflict cannot be resolved earlier, then Kate highly recommends mediation, ahead of the often lengthy, formal and costly processes of arbitration or court proceedings.

Her approach involves working alongside all parties to determine their own good faith solutions in a confidential and flexible way.

“As a mediator, I do  not make decisions for you, nor judge how fair matters are.

Using mediation strategically

An offer to mediate should be considered a strategic step in a dispute, not a sign of weakness. Show the strength of your position and encourage frank and open dialogue, before views become entrenched and positions polarised. You can create your own solutions, not ones that are decided by a third party and are restricted by legal rights.

On the other hand, if your case is weak, early mediation allows you to explore options and understand the other side’s interests and thinking – and in a more collaborative setting that’s not focused on your legal rights (or lack thereof). The aim is to look for opportunities to engage the other side in an interest-based negotiation that will resolve the dispute, before they dig in for the long haul buoyed by the strength of their legal claim.

How does mediation work?

Each mediation is different. They depend on the complexity and number of issues and how willing people are to participate.

The steps:

  1. Sign a mediation agreement, which sets out the process and rules for the parties to follow.
  2. Kate will then meet each party separately. Lawyers may or may not be involved.
  3. All parties then meet at an agreed time and venue for the mediation session.

During the session, Kate helps the parties:

Unless all parties agree, there will be no final resolution and you cannot be forced to sign any agreement.

Mediation can be completed in a half day, full day, or a series of two-hour sessions.

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