What is Mediation?
Mediation can be an inexpensive first step to resolve differences between both parties. It is a low cost alternative to the Court process.
Many problems can occur when you are building or renovating even if you are the contractor. Some can be sorted out face to face, but others can
escalate to a complaint or dispute. That's when you need professional help.
Mediation is not a compromise. The idea with Mediation is to jointly examine issues which really matter and reach an agreement you can live with
after listening to the other side's comments.
Who does it?
A Mediator is a specially trained building consultant, qualified and experienced in Mediation and communicating with contractors.
To solve the problem without excessive cost, delay or stress. Essentially everything in a mediation is meant to be off the record. It's designed
to get parties to speak openly. This means you can admit a mistake without anyone being able to use it against you later. Similarly, a contractor
can't use any concession offered by the owner at the Mediation unless a resolution is reached.
If the Mediation is successful, the Mediator will prepare an agreement which both parties will sign.
Why is Mediation a good option?
Mediation has the following advantages:
- it can be arranged between the parties without having to wait for available Judges and Court timetables.
- the cost of the Mediator is shared and the Mediation is usually much quicker (less than a day) and you will not have to pay so much
for lawyer's, barrister's or expert's time. The usual fee is less than $2,000.
- we usually find at least 80% of disputes can be resolved by mediation if both parties are realistic and co-operative.
- it provides an excellent forum for each party to have their say - to explain why they're unhappy or why something went wrong.
- with an experienced Mediator you will be surprised at the flexibility and range of remedies on which you can reach agreement. And if
no resolution is achieved, all your other rights are preserved - so you can still go to the Tribunal or Court.
Where does the Mediation take place?
The Mediator will arrange rooms or often he or she might like to use two rooms in your building.