YOUR NEXT STEP

A changing world requires changing responses in terms of methods for the resolution of disputes and conflict.

Traditionally, in our community, we have relied heavily on Courts for the resolution of our disputes.

Tranter Lawyers are happy to provide a new and innovative alternative to this traditional method of dispute resolution by now offering a mediation service.

Mediation is innovative in its approach to dispute resolution and can be a process used not only for disputes which lead to courtroom battles but also for interpersonal disputes which do not usually find their way through to a legal process.

Determination of disputes by Judges in a Court of Law necessarily means that there must be a formal process to allow the Judge the opportunity to fairly decide the dispute.  Because the process is so formal it cannot easily get to the heart of what might be fuelling the dispute.

Mediation, on the other hand, is an informal and highly flexible process which is at the opposite end of the spectrum to formal inflexible courtroom litigation.  Mediation can be used at any stage during the course of a dispute.  It is a process which is owned by the parties to the dispute.  The mediator encourages the parties to become responsible for their own futures by taking their issues into their own hands and brain storming solutions for the parties to move forward.  Put simply, mediation is a process which is aimed at increasing choice.

As an easy illustration let us examine the situation of two people arguing over who owns an orange.

Person A and Person B might go through the legal process and invest a lot of time and money on their lawyer to present their case to the Court with a view to persuading the Judge that the orange belongs to them.  At the end of the day one person wins and is granted proprietorship of the orange and the other person loses and gets no part of the orange and may even be ordered to pay the winner’s costs.

Often matters that are proceeding towards the Court, settle on the Courtroom steps by way of the solicitors negotiating a compromise.  This is called position bargaining where both people might settle for a half of the orange each or one person might settle for a quarter and give three quarters to the other.

In mediation, however, the issues at the heart of a problem can be heard within their emotional context and core problems can be isolated within this framework.  As a result it may be that, in our example, the mediator can explore why each of the people want ownership of the orange. This is not a question a Judge could ask. As a consequence of that enquiry it may be revealed that one person wants the orange for its skin in order to bake a cake and the other person actually wants the orange for its inner fleshy part in order to make juice.  The solution is obvious and neither person needs to compromise or go without.

Contrary to popular belief, Mediation is not a process which is aimed at compromise.  It is a process which is aimed at facilitating frank, honest and open communication between people to enable a proper and full exploration of all of the issues in the dispute.  It is a process which is designed to increase choice with a view to creating mutually acceptable solutions.

We are pleased to announce that Sonia Anderson has joined the Tranter team as a Consultant and Mediator.

Sonia’s experience has seen her service the needs of the Hunter Valley in various areas, particularly in the areas of Family conflict (including property, residence and contact disputes and also deceased estates disputes) and workplace disputes (including grievance, anti-discrimination, occupational health and safety issues, contract law and negligence).

According to recent statistical evidence Mediation has an 85% success rate.

For the cost of one Mediation session you could avoid the financial and emotional cost of a lengthy Court battle. We can usually organise a complete Mediation session within 4 weeks from the date of your first contact. Ultimately the only delay will be if the other party has not agreed to or is unable to participate as quickly as we can.

If you are in conflict with someone, make the first move; contact Sonia so that she can talk you through your next step.

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