Mediation with Resolution Pathways

What is it?

Mediation is an informal process with a mediator trained in assisting participants to resolve disputes, without the mediator providing a view. The goal of mediation is for people to have a safe space and a skilled person to assist their negotiation. This can often result in a resolution.

The mediator is trained and accredited to assist people to understand issues and explore options often resulting in a resolution.

Who is involved?

All those that need to be involved in the solution usually attend. This is decided as part of the mediators intake process. For intake, a mediator meets with all participants to understand the issues in the dispute and confirm who should be at the table. A mediator will meet with the participants separately or jointly to assess this.

Participants can represent themselves or bring a friend, lawyer, or other support person. The mediator will not make a decision – that is the role of the participants.

What does resolution look like?

Resolution looks different for different people. For some, it is getting a deeper understanding, or being heard. For others it is getting a deal to move forward, documented in a binding way. It is important to consider what constitutes resolution for the participants.

What if it’s not resolved?

If the matter is not resolved during the mediation then this can be documented in an appropriate format which will often make it easier to find another pathway or suggest a solution.

The Resolution Facilitator can assist in exploring alternative ways of resolving the issues with access to the information above.

Sample agreement

It is important that everyone knows what to expect. This will allow participants to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process.

The agreement sets out the legal rights in plain English – these are important to understand. The Resolution Facilitator is also available to explain the process and the terms of the agreement.

Click here to view an example of a Mediation agreement. This agreement may be varied depending upon the individual circumstances of each dispute.

Up to 6 weeks.

The amount depends on the royalties paid by APRA AMCOS to the creator in the previous 12 months. This is taken directly from the ACCC authorisation.

Note: This is based on the size of these matters requiring mediators with more than 1 field of expertise.