For mediation, a professional mediator is appointed by the parties to assist them in reaching a mutually beneficial outcome. Usually, the parties and their lawyers will meet and have the opportunity to express their sides of the dispute. Sometimes, they will then enter separate rooms and use the mediator's assistance to negotiate with each other until a resolution is reached. The mediator will not make a decision about what the outcome should be. Their role is an impartial one, intended to assist the parties in their negotiations.
In our experience, mediation can be a highly useful, efficient and cost effective way of resolving a dispute. Our customers are often very satisfied with the results that can be achieved, as the process allows the parties to make their own decisions about the outcome, rather than relying on the decision of a judge or arbitrator.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
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Caroline Callegari is an Associate Principal and leads our Disputes & Litigation team. She has an advisory and advocacy practice in the following areas: Commercial Litigation, corporate and personal disputes, debt recovery and, insolvency and bankruptcy matters. Caroline can be contacted on (03) 8561 3324 or by emailing caroline@sharrockpitman.com.au.
