Mediation - Examples & Case Studies

Alternative Dispute Resolution

The alternative dispute resolution process (ADR) avoids the confrontation, publicity and cost often associated with legal action. Persons in dispute will be guided by the Mediator through a series of steps in a meeting that enables differences to be raised and situations explained in a non-confrontational environment.

Once the issues are clarified, the Mediator will assist the parties to identify their individual interests and all possible options that may be considered in achieving a resolution. Common interests and options for settlement will form the basis of a mutually negotiated agreement.

When an agreement is reached, as it is in 90% of cases (source - NSW Law Society), the terms are documented so as to provide a framework for future action and behaviour.

Development of a Contractual Agreement

The mediation process can be useful where parties wish to flesh out issues and options involved in drafting a commercial agreement, for example forming a new partnership or establishing a corporate or investment structure.

The Mediator will assist the parties to articulate their various positions and interests in order to draft a comprehensive framework for an agreement which may be submitted to a solicitor or accountant for formalising.

Dissolution of a Business Arrangement

Mediation may be used to assist business owners reach a harmonious dissolution of a long-standing partnership.

While many complex areas of potential dispute may exist, the Mediator will be able to guide the parties to an amicable and mutually beneficial agreement.

Succession Planning

Following the initial period of optimism that often accompanies the drawing up of a succession agreement, the reality of implementation may lead to disputes. Mediation can assist when the parties involved are experiencing difficulty implementing their succession plan. For example, mediation can be helpful in working through the complexities of succession in a family farm or business.