Mediation is an informal process guided by a trained mediator to assist in finding a resolution to the dispute at hand. The mediator meets with all participants to understand the issues in the dispute and confirm who should be at the table. The mediator will NOT make a decision – that is the role of the participants. The Mediation Agreement must be submitted in order to commence the mediation process.
The Mediation agreement sets out the legal rights allowing participants to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process. This agreement may be varied depending upon the individual circumstances of each dispute.
When dealing with a conflict, it’s useful to have a safe space and an experienced person to guide a problem-solving conversation and to give those involved ideas on how to move forward. Mapping involves a resolver who both understands the context and can assist the participants with a problem-solving conversation.
It is important that there are some clear rules and boundaries so everyone knows what to expect. The mapping agreement allows for the same rights and obligations as in a mediation and additionally provides confirmation that the mapper can express a view.
View Expert Opinion Agreement for 1 expert
View Expert Opinion Agreement for 2 experts
Expert opinion provides a non-binding evaluation made for the participants jointly, by a person with specialist knowledge of the subject matter of the dispute, who can use that expertise to provide the parties with an opinion. The process is decided by the expert and will vary depending on the subject matter. Participants can represent themselves or bring a friend, lawyer, or other support person. The Expert will provide them with a report that sets out his/her opinion.
Each Expert Opinion Agreement sets out the legal rights allowing participants to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process.
View Expert Decision Agreement
Expert determination is a fast and cost-effective way of resolving mostly technical disputes. It is usually quicker than a court process and still provides a binding decision. The expert decision is binding by virtue of a contract between the participants in dispute agreeing to be bound.
The Expert Decision Agreement sets out the legal rights allowing participants to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process. This agreement may be varied depending upon the individual circumstances of each dispute.