What is Mediation?

[body text]: Mediation is a process in which a dispute can be resolved, where the participants identify the disputed issues, develop options, consider alternatives, and assist in reaching an individual written agreement.

The process is guided by a dispute resolution practitioner (the mediator). The mediator is impartial, with no advisory or determinative role regarding the dispute’s content or outcome.

What is Collaborative Law?

[body text]: This is the legal practice by which we use mediation to resolve disputes. It aims for fairness and problem solving between the parties involved, rather than a battle in the court room. Collaborative law recognises the emotional issues of disputes, especially in divorce proceedings and family law matters, and looks for solutions that address these.

The advantages of mediation

1. It’s confidential.
2. It’s often completed within a day. This saves the considerable cost of negotiation, as well as the time and stress associated with going to court.
3. It’s conducive to creative solutions and can produce win/win outcomes.
4. It’s transparent and won’t impose unpredictable results on the parties in the way that court proceedings can.
5. It leaves the process and decision-making in the hands of the disputing parties, leading to mutually beneficial outcomes.
6. It can be conducted anywhere, on short notice, and can be structured to be more formal or informal, depending on the needs and wants of the parties.
7. It has the potential to preserve relationships, which is particularly important when there are kids involved.

Why use Melia Mediation?

Our principal solicitor John Melia is a Nationally Accredited Mediator. He has a strong foundation in mediating disputes, with over 25 years’ experience. You can rely on his down-to-earth, hands-on dispute resolution process, and his wide knowledge and practice in most areas of law. At Melia Mediation, we pursue realistic, low stress, mutually beneficial outcomes.

 We also assist other legal practitioners.

[body text] If your boutique law firm does not offer mediation or collaborative practice in-house, contact us. Being lawyers ourselves, we have a deep understanding of your needs and requirements. along with extensive experience resolving all manner of disputes. We are available to assist you and your clients, with a quick turnaround.

Collaborative law for divorce or separation

[body text]: The collaborative process offers a better option for couples who wish to preserve their relationship and work together to achieve the best outcome. As well as avoiding the time, trauma, and expense of going to court, it is especially important to stay on good terms if children are involved. Melia Mediation can help you keep control of the best interests of your family, rather than placing control in the hands of a judge.

How does the mediation process work?

Initiating the process:

You and the other party in the dispute will both be contacted, and the mediator may require a preliminary meeting prior to the formal mediation, depending on the circumstances. This brings an outsider’s view to the situation, which adds objectivity and refers to community norms.

Attendees:

Both parties and the mediator, who must have the authority to settle the matter. 

Commencing the mediation:

A joint meeting is held where the mediator will explain the purpose of the mediation, the conduct, and the role of both parties. Each party will make opening statements.

Agenda setting:

The mediator will assist both parties to identify and agree upon key issues to be addressed during the session.

Exploration of issues:

Both parties are encouraged to explore each issue fully by responding to questions and talking about their perspectives and feelings on the matter.

Private sessions:

After the joint meeting, each party will meet the mediator in separate and private confidential meetings to discuss possible options for a resolution to the dispute.

Negotiating outcomes:

Following the private sessions, the parties will consider options to improve the situation and the relationship, exploring and negotiating mutually agreeable and workable solutions.

Agreement and conclusion:

If agreement is reached during the mediation, each party (or their legal representative) will document the agreement for signing. If any further steps are needed to finalise and implement the binding agreement, these will be discussed and decided upon.

Our service fee schedule

Half Day Mediation Session                  Base fee                                  $1,625.00 plus GST

Full Day Mediation Session                   Base fee                                  $3,250.00 plus GST

After Hours Services:                           Additional surcharge                   $200.00 plus GST

(For pre-mediation/joint mediations conducted on weekends, public holidays and after 5pm Mon-Fri. Charged per hour, per person) 

By streamlining our mediation processes and keeping our costs and overheads low, Melia Mediation passes the savings on to our clients and offers very competitive rates without compromising on quality.

During consultation with our mediator, you will be provided with a clear quotation prior to the commencement of services.

Unlike most other services, we do not charge for additional admin, emails, and phone calls.

Want to know more about how the collaborative process works? Check out this episode of our Legal-Ease Australia podcast.