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Mediation FAQS
Q. What sort of matters can be mediated ?
A. There are very few matters that cannot be mediated. For example, mediation regularly occurs in the following areas:-
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Family Law
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Landlord/Tenant
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Workplace disputes
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Partnership disputes
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Lender/Creditor
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Personal Injury
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Medical Negligence
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Commercial disputes
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Neighbour disputes
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Contested wills
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Community groups
Q. What are the best books to read to learn more about negotiating to effectively resolve disputes ?
A. The following list is an excellent starting point :-
Cornelius,H. & Faire, S. Everyone Can Win
Fisher,R. & Ury,W. Getting to Yes
Fisher,R. & ors Beyond Machiavelli
Parker,A. The Negotiators Toolkit
Poundstone,W. The Prisoner's Dilemma
Sourdin, T. Alternative Dispute Resolution
Ury,W. Getting past No
Ury,W. & ors Getting Disputes Resolved
Q. If I am only going to read one of these which should it be?
A. Getting to Yes
Q. Is mediation limited to two parties ?
A. No, mediations may be conducted with several parties who have an interest in resolving a dispute. .
Q. Do I need a lawyer to attend mediation with me?
A. No but it is often advantageous if your lawyer does attend or at least has given you advice before the mediation begins. In some ways it depends on the type of dispute. If the dispute involves issues that require legal interpretation you could be at a disadvantage without your lawyer present.
Q. How do I know that the mediator is qualified to conduct mediations?
A. In 2008, the Australian National Meditation Accreditation System was introduced. Mediators accredited under this system are trained by peak mediation bodies, such as LEADR and must pass a practical assessment of their medition skills in order to demonstrate competency under the national Approval Standards. In order to retain accreditation, Accredited Mediators must agree to abide by the national Practice Standards. We strongly recommend you seek out an Accredited Mediator to conduct your mediation.
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