At Fresh Start we are committed to ensuring all participants in our mediation process are provided the best opportunity to resolve their disputes. We understand the importance of providing an environment where each party is able to contribute freely to the process in a candid and positive way.
Fresh Start offers face to face mediation services at professional, comfortable, neutral and accessible premises, so that all the parties attending mediation are able to contribute wholly to the process, making the best of the opportunity to resolve issues between them.
We hold mediations at a range of locations Australia-wide. Whether it’s a half day, full day or longer mediation, we work to ensure all parties to our mediations are given the best opportunity to resolve the issues between them.
Because life’s too short to go to court.
Benefits of mediation vs court
Fast + efficient
Mediation usually takes between a half and full day, which is much faster and more efficient than going through the court system.
Confidentiality
Mediation is a confidential process held in a private setting. Matters heard and decided in court are generally reported and remain on the public record.
Informal + flexible
Mediation is an informal process where the mediator acts as a supportive and neutral presence for both parties. Courts are formal, intimidating and the process can be difficult to follow.
Cost-effective
Mediation costs significantly less than going through the court system and prevents parties from spending thousands of dollars on legal fees.
Control
Mediation allows parties in dispute to participate directly in the process of reaching agreement giving parties more control over the outcome. In court, the outcome is decided by the judge.
Promotes communication
Mediation promotes direct communication between the parties, helping them work together towards an agreement. In court, each party faces off against the other in an adversarial and combative environment.
Mediation follows a clearly defined structure and generally
take a half or full day, following the process below.
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The mediator will welcome parties, provide details of the process for the day and ensure each party understands the role of the mediator and what to expect during the mediation.
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Each party involved in the mediation will be asked to make an 'opening statement' about why they are at mediation and provide a summary of the items and topics they would like to discuss during the mediation. Most people prepare their opening statement prior to the meeting.
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Following each party’s opening statement the mediator will list the issues and topics for discussion, which will form the agenda for mediation. The mediator will assist the parties to list an order for discussion of these items.
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The aim of this phase of the mediation is to explore each of the items on the agenda and assist each party to gain an understanding of the other party’s perspective. The mediator will facilitate the discussion and help the parties think about options and alternatives for moving forward into the future.
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Following exploration, each party will have the opportunity to talk with the mediator in a separate session. Separate sessions are private and confidential and give the mediator a chance to check in with each party on how they feel the mediation is going. Separate sessions also offer each party the opportunity to talk freely and confidentially with the mediator about anything that they did not want to discuss in an open joint session. The mediator will also help parties explore and discuss any proposals to put to the other party or options for agreement. A separate session can also occur or be requested at any stage during the mediation.
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Throughout the mediation and following the separate meetings with each party, the mediator will work with both parties to put forward a range of options with the aim of reaching an agreement. This can involve testing the realities and practicalities of options being discussed and the consideration of implications and potential outcomes of an agreement not being reached.
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If agreement is reached on some or all of the items discussed during the mediation, this will be captured in writing to formally reflect the terms reached by the parties. It is each party's responsibility to ensure they are aware of the legal implications of the decisions made. It is not the mediator's role to provide advice to either or both of the parties at any stage of the mediation process, and it is recommended parties seek legal advice prior to mediation. Parties will also have the opportunity to seek legal advice before agreeing to all or some of the items included in the proposed agreement.
Getting started with an intake session
The mediation process begins with an intake session, prior to the day of mediation.
This can be via a phone call or in-person meeting. The pre-mediation intake session is a separate and confidential meeting between the mediator and each party. The purpose of this first step is for the mediator to understand the circumstances of your dispute situation – what brought you to mediation, what you hope to achieve and anything we may need to know about you that could impact the mediation – for example, whether you feel comfortable being in the same room as the other party, or whether you prefer online mediation. The more we know about your situation, the better placed we are to assist.
The intake session also gives us a chance to go through each phase of the mediation process with you – ensuring you understand exactly what to expect on the day. Each party must go through the intake session individually before we can proceed to the mediation. The intake session also gives the mediator the chance to assess whether your dispute is appropriate for mediation. Instances where mediation may not be an alternative to the courts would be in the case where there is a serious safety concern via an emotional, physical or psychological threat to one of the parties, or if one party flatly refuses to participate.
As a starting point, we encourage you to give us a call and have an obligation-free chat about mediation and how it may be suited to the nature of your dispute.
If you are confident mediation is appropriate to the resolution of your dispute, then feel free to book your intake session, using the calendar tool below.
Start the mediation process by booking your intake meeting HERE
Give Fresh Start a call for an obligation-free discussion
At Fresh Start Mediation we understand you will probably have some questions. Fill in your details HERE and one of our team will give you a call, otherwise you are welcome to call us.
Fresh Start Mediation operates Australia wide, offering face to face and online mediation options.
