There can be a variety of objections to mediation from either party participating or their lawyers. Many times it’s a lack of understanding the process and their role in that process, that backs objections. Let’s take a look at some of the objections, we’ve addressed recently…
‘Mediation is consumer-focused rather than servicing a commercial clientele’.
For a start, I am not sure what this even means. Our mediators, all professional lawyers, are not ‘consumer-focused’ but client-focused and outcome-focused for all clients. The clients we assist have all sorts of commercial issues; big and small. We are independent and both parties and their legal representatives can have confidence in our facilitative process and skills. The very essence of the mediation process is future focused to facilitate a different dispute resolution path, with more effective outcomes.
‘Each party is required to spend countless hours with the mediator prior to a joint session or an outcome report’.
The preparation steps we put in place are crucial to the outcome our clients work towards. SHAW Mediation Australia considers the separate preparation meeting useful to the lawyers and the parties so they know how the mediation joint session will run on the day, their role and what is expected from them and are prepared for a more productive joint session from the outset.
‘While the fee is fixed, it may be high’
Unlike many mediation companies, we pride ourselves on fixed fees. We are not embarrassed by our fees. One of the reasons SHAW Mediation Australia was launched was because we saw there needed to be an affordable dispute resolution solution available. We are not a ‘tick n flick’ service and have quality assurances during the process. Our fees are inclusive of the separate preparation meetings, and very reasonable in comparison to the cost of litigation.
‘We always use a retired judge or barrister as the Mediator’
How many times have I heard this one! It is the mediation process that is the hero not the Mediator. So, experience as a judge or barrister is not necessarily enough to demonstrate excellent mediation skills and achieve the best outcomes. Two points: one, why would you limit the range of outcomes to those of the mediator and two, whilst the Mediator is a legal practitioner, they don’t give legal advice to either party – that’s what the client is paying their lawyers for.
‘The matter is a commercial building dispute with a significant quantum and for this reason we maintain that it is more appropriate to utilise a seasoned commercial operator.’
The mediator doesn’t have to be a subject matter expert to control the mediation process and manage the parties involved to keep everyone moving forward as fast as the slowest party. Any quantum, is significant for the parties to a dispute. Any quantum is well within the capabilities of SHAW Mediation Australia. Not only that, but SHAW Mediation Australia has been structured to provide the promptest of service, with 30 mediators nationally ensuring there are no delays.
Knowledge is power, and we want to equip you with the time and information you need to make the right choice for your dispute.