How We Select Your Mediator
Mediation Australia – Mediator selection
The AMA will diagnose your dispute and appoint a suitable mediator depending on your situation. The AMA will consider these guidelines in making their selection of a professional mediator to assist you in the successful resolution of your dispute:
- A prospective mediator will be asked about their background, expertise and experience in the area of dispute. The mediator will clearly explain the procedures he or she intends to follow in the mediation and why. The roles of the parties to the mediation will also be laid out to ensure that the parties can properly prepare for the process.
- The mediator must be impartial and independent with no prior involvement in the dispute. This impartiality will be assessed by the AMA both in fact and in conduct of the mediator prior to the mediation. If a bias or perception of bias develops at some point during the mediation, either the mediator or one of the parties may terminate the mediation.
- Mediation can be conducted with either one or a number of mediators. A panel of two or more mediators is generally utilised where the dispute is more complex, involving a number of areas of expertise, or where the dispute involves more than two parties. Where more than one mediator is utilised, it is important the AMA ensures that the mediators can work together effectively.
- Because of the wide scope of subjects that may be submitted to mediation, the AMA will evaluate any individual as being of the right background or experience to conduct mediation. In all cases, the parties must assure themselves that the individual(s) chosen as mediator has the right qualification and skill. These qualifications include background, training and experience as well as ability as a mediator. Different blends of these factors will determine who is the best candidate.
- Once a suitable candidate is chosen the matter of fees, timing and any specific procedure must be discussed. Generally, an Agreement to Mediate, is drawn up and signed by each of the parties and mediator prior to or at the mediation which clearly outlines these matters.
- A “Mediation Planner” will have the resources to assist you and ensure competence, experience and that proper documentation is in place.
Often when attempting to mediate, one party will have the idea but experience difficulty in extending the invitation to the other party or parties, in the dispute.
Securing acceptance of the mediation concept is often more likely if the invitation is extended through a neutral AMA Mediation Planner.
A Mediation Planner will maximise the opportunity for a successful event and will arrange the logistics and documentation. You can expect that a Mediation Planner will:
- extend a formal invitation to the other party or parties in the dispute for you,
- from a neutral position, explain the merits of mediation, the value of considering mediation and all the procedures and routines,
- determine who should be present at the mediation and arrange for their attendance,
- secure a date and time suitable to the participants,
- arrange for the participants to execute agreements to ensure full understanding and the proper level of commitment to participate,
- arrange for a neutral venue – non-threatening, convenient to all, comfortable and with the necessary amenities,
- from the participants, secure a summary of the salient matters surrounding the case for the mediators guidance,
- remind the participants of the date, time and location 24 hours prior to the mediation; and supply the proper documentation to be executed at the mediation.
For mediation Australia, get in touch with us today, we’re waiting to assist you with your dispute or conflict.