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What is Mediation?

Mediation for resolution of engineering services, equipment supply, construction, infrastructure and commercial disputes.

Mediation is a private, informal and flexible, but carefully structured process whereby the Mediator ensures that discussions are conducted in a respectful and productive fashion.

Mediation is conducted as an open discussion in a ‘without prejudice’ environment.

Many mediations may be completed in just one day, although more complex matters may require multiple sessions. Brief pre-mediation introduction sessions are conducted between the Mediator and each party individually to make sure they are familiar with the process that will be gone through during the mediation itself.

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A Mediator is a neutral party who facilitates meaningful discussion between the parties regarding their actual interests.

Litigation addresses legal rights. Very often, the legal rights of parties do not necessarily align with their interests. Parties are after solutions which enable them to move forward promptly.

Litigation cannot offer that, since it is generally a long drawn-out, expensive, stressful and disruptive process.
A mediator encourages those in the dispute to divulge all of the relevant issues that are important to them, so that each party may appreciate all of the factors at play. The Mediator does not offer advice nor make any decisions. The parties themselves are taken through a process whereby they explore the real problems, large or small. The Mediator facilitates the parties themselves to create options and agree upon outcomes that meet their needs. The Mediator is a facilitator to address the parties’ mutual and individual concerns.

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The mediation process does not rely on any underlying contract between the parties, but instead offers the opportunity for each party to explore what they actually need or desire, with the opportunity for the other party to assist a feasible outcome. Parties to mediation are permitted to seek independent advice during a mediation, and may have a legal adviser present if they wish.

Mediation is all about seeking win-win outcomes, at minimum cost, in minimum time, and with low resource consumption. Participants in a mediation process are more likely to be satisfied with a mediation process than with any more formal hearing-style process.

Parties entering mediation are required to sign an Agreement to Mediate. That Agreement requires:

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The mediator facilitates the outcomes of the mediation to be documented and signed by all parties at the conclusion of the mediation.