Frequently Asked Questions

If your question is not addressed below, please contact us - EAO@alethiamediation.com.au or phone us directly 03 5941 3386

1. What is ADR?

Alternative Dispute Resolution is an umbrella term used to describe alternative, more conciliatory solutions to litigation including Conciliation, Mediation, Evaluative Mediation, Evaluation, Expert Determination and Arbitration.

2. What is the difference between litigation and mediation?

Litigation is the act or process of bringing or contesting a lawsuit and as such concerns the enforcement of legal rights; judgments are made from a limited choice of options, which does not allow for the nuances of commercial or professional considerations. Mediation focuses on the needs and concerns underlying a dispute and not on legal rights alone. With the assistance of a neutral facilitator (or facilitators) parties have an opportunity to reach a solution that is mutually satisfactory and not binding, unless they wish it to be.

3. What does ADR offer that litigation doesn’t?

ADR offers several advantages over litigation – it is a neutral, confidential, flexible, cost-effective and speedy alternative that is gaining popularity because of these important benefits.

4. What if we cannot agree?

ADR is a consensual process that relies upon the willingness of parties to work towards a mutually satisfactory solution. It has a very high success rate and the majority of cases are resolved to the satisfaction of all parties because of the inherent nature of the process and the skills and knowledge of the mediators involved.

5. What happens if it doesn’t work?

Parties are free to walk away from an ADR process at any time – an option that is not available in a court of law. Resolution of the dispute through the courts also remains open to them, although it is very rare for parties who have initiated ADR to resort to litigation; even parties who do not settle usually consider the process itself to be of value in helping clarify each party’s position.

6. What is a mediator?

A mediator is a person trained and skilled in conflict management and dispute resolution. While the mediator may also be a lawyer, psychiatrist, minister or plumber, the mediator practices mediation.

7. What are some advantages of mediation?

Time - Taking a matter to court or tribunal can often take months or years; mediation can generally be arranged at short notice and in most commercial matters can be concluded in hours.
Cost – As each case is unique, it is difficult to make direct comparisons. Generally it is considered that mediation is a much lower cost in comparison to employing a legal team and then taking the matter to court style jurisdiction.
Control – In more traditional dispute forums, a third person or panel makes a decision and imposes an outcome. With mediation, the parties are responsible for the creation of the solution. That is one reason why parties are happy to abide by the agreements.
Certainty – Going to court is uncertain. Rarely is one side 100% confident of their position. Parties to a dispute usually believe they will “win” when a matter goes to court for resolution. The one certainty is that a decision will be made. Both sides may dislike the decision, and the costs involved often mean there is no real winner. With mediation, you can work towards a solution that is acceptable to both sides.
Flexibility – In mediation, the parties are encouraged to brainstorm, to come up with creative solutions whereas in a court someone is deciding who is most right or most at fault and how should payment or compensation be made.
Confidential – Matters discussed in mediation are confidential and on a without prejudice basis so discussions are not able to be used in any subsequent legal process. This also extends to the press and the media. Unlike the public records of court hearings and findings, discussions and outcomes of mediation remain between the parties involved.

8. Can I be forced to mediate against my wishes?

Yes and no. One of the tenets of classic mediation is that it is voluntary. The parties agree to mediate in good faith with a view to coming to a settlement both parties can live with, however it is becoming common practice for commercial contracts have a mediation clause stating that in the event of future disputes parties must mediate before looking to other forms of resolution. Courts and tribunals [e.g. VCAT,] in some lists are insisting that parties attempt mediation prior to having the matter heard. This means that people can sometimes feel that they are forced into mediation.

9. What if we don't settle all issues?

Often in mediation the parties will resolve a number of issues and get stuck on others. If in mediation you don't agree on a settlement on all issues, you can still use other dispute resolution techniques.

10. What is the settlement rate for mediation?

In classic mediation, some studies show that the parties agree on comprehensive resolutions in up to 85 percent of matters mediated. In court ordered mediation, the settlement rate is more variable, mainly due to the nature of the cases, the procedures used and the type of court. In most instances, mediation resolves some specific issues and sets the stage for resolution of the remainder before trial or arbitration.

11. Why would I choose to mediate?

At best, every court battle has one winner and one loser, quite often neither party gets what they want. Even the very best lawyers cannot guarantee a win. Mediation helps all parties to get what they want.
Mediation is non-adversarial. Through the facilitation process of mediation, disputants are able to work together towards agreements that suit all parties.
Mediated agreements are generally more robust than imposed orders, as the parties have worked together to work out what is in their best interests and decide their own best outcomes.
Communication can be improved through mediation, personal and business relationships are likely to be maintained or restored through the mediation process.
Mediation is much less stressful than court proceedings.
Mediation is a voluntary process. Each party is there with the intention to resolve the dispute peacefully, respectfully and in good faith.
You maintain control of the outcomes. There is no risk of a judge imposing an order upon you.
Resolution is close at hand. Mediation may take only one or a few sessions and can be arranged at much shorter notice than court proceedings.
Mediation can be utilised to resolve almost any type of dispute, as long as there is no violence or abuse.
It is becoming mandatory in many areas of the law to mediate prior to going to court

12. What is co-mediation?

Co-Mediation provides two highly skilled mediators at each session working together on the dispute and resolution.
This can assist in complex or difficult disputes involving many issues and /or multi parties.
Co-mediation helps to reduce the power imbalance that can exist between disputants.

Alethia Mediation & Consulting Services does not generally use Co-mediation due to the increased cost of using two mediators. But should parties desire this system we will discuss the option and costs.

13. What if there are many issues?

There usually are. Even more than parties expect. All issues are explored and discussed.

14. How long does mediation take?

That depends very much on the number and complexity of issues. A case with few issues may settle within 2-4 hours.
The Parties' ability to talk respectfully to each other and to negotiate, greatly impacts on the time taken.
The time available to the parties in a session. Should it become obvious that the matter cannot be settled in 4 hours it may be wise to have a further session.

15. What happens after my email enquiry to Alethia Mediation & Consulting Services is received?

An intake officer will contact you in normal business hours, usually within 24 hours, either by phone or return email.
We confirm with you what you are seeking to resolve and send you an information package which includes an Agreement to mediate, further details of the mediation process and a fee schedule.
If you are happy to proceed, a telephone intake session is booked with you and the other party. This usually last for 15 minutes or so.
Following this, and provided that mediation is suitable, if we are all in agreement, the first joint session is then booked with all parties.

16. Who makes the decisions?

Mediators do not make decisions on outcomes or provide advice.

Through the mediation process, parties themselves are able to generate many options before deciding what suits them best. Agreements are only made after thorough negotiation.

17. Are mediators qualified?

Yes. All Alethia Mediation & Consultant Services team are qualified, accredited, highly skilled and experienced.
They attend seminars regularly to update their skills and competencies

18. Who will conduct my mediation?

This depends on the type of dispute. Alethia Mediation & Consultant Services associates may specialise in family, workplace, commercial, community or others. We match the mediators to the type of dispute.

19. Are all mediations conducted in the same way?

No. There are many models of mediation. Alethia Mediation & Consultant Services uses a facilitive approach designed on principle based techniques.

20.Where does the mediation take place?

Mediation can be conducted at a neutral venue or other agreed suitable venue. Any special needs by a party should be conveyed at intake.
Generally mediations will take place during normal business hours.

21. Do I need to bring anything along to the mediation?

Yes any information and documents which you rely on for explaining your view of the issues this is very useful in helping everyone understand and formulate suitable solutions and responses.

22. How much does mediation cost?

All costs are known and paid before mediation starts.
The rate for mediations varies. Alethia Mediation & Consulting Services has a range of moderate rates at day, half day and hourly intervals
Parties may also have to pay for their own individual legal costs in preparing for and attending meetings, be they in-house or external lawyers. Experts or specialists might also be required to attend in which case their fees are borne by the party concerned.

23. Who pays for the mediation?

Costs are usually split equally between the parties involved in the process, unless agreed otherwise. These generally include the cost of the mediator, the venue and refreshments. There may be other costs for the mediator depending on distance and travel required.
Importantly, costs can be dealt with as part of the settlement and can therefore be negotiated during the process and budgeted for. ADR offers significant cost savings in comparison to the cost of going to trial, where the costs are difficult to estimate and almost invariably higher.

24. What if I don’t wish to be in the same room as the other party?

Mediation works best when parties can at least start the opening sessions in the same room.
Support persons or assistance can be of help in difficult circumstances.

25. What if distance is an issue?

Online or teleconferencing can be utilised when parties are in different cities or even on opposite sides of the earth.

26. When is the best time to mediate a dispute?

Naturally the optimum time is as early as possible, before too much damage to relationships has occurred. However, mediation can occur at any time, even before during and after court proceedings.

27. Is every dispute mediatable?

Ideally, mediation happens when both parties are ready and willing to sort out their issues. However, where there is abuse involved, threat or current violence, emotionality that gets in the way of the ability to negotiate, mental illness, drug or alcohol addiction, or when one party refuses to participate, mediation cannot proceed.

28. What happens if the other party is not willing or does not understand how mediation is beneficial?

If you wish for us to contact the other party, we can do this and also send them an information pack.
We explain the benefits of mediation. These benefits are well known, recorded, explained on our site as well as sent in our information pack.
Mediation must be voluntary and has an outstanding success rate in reaching agreements that suit everyone, when parties are willing and co-operative.

29. What advice will a mediator give me?

None. Mediators do not give advice.
We strongly suggest you get legal and/or financial advice prior to mediation if you need it.

30. Can my lawyer be present in mediation?

Yes. You can bring a lawyer or a support person if you desire.

31. Some of my issues are highly personal or may compromise my position if the dispute did end up in court. I may not want to discuss anything that may compromise my position. How will this be handled?

All matters discussed in Mediation are confidential. Except for the Mediated Agreement, anything written will be destroyed after the mediation.
In general mediators cannot be called to give evidence in any court, about any issues discussed in mediation, except where required by law e.g. if a crime has been committed.

32. Will mediators provide counseling?

No. Mediation is not counseling. If counseling is required, you will be referred to an appropriate counselor. This can be helpful before and during mediation to ensure you are ready and able to mediate.

33. What about education?

There may be an element of education that assists with future communication, and relationships as a result of the mediation process.

34. Disputes over wills?

Whether succession planning, or deceased estates, mediation can help.

35. Multiparty and/or multiple locations?

Depending on the nature of the dispute we can use the most suitable mediators
Alethia Mediation & Consulting Services has vast experience with numerous disputants and locations concurrently.

36. What if we don't reach an agreement, do I still have to pay?

Yes. You are paying for the mediator’s time and expertise.
Payments are made in advance of any work being performed on the dispute.

37. Why do we have to pay for mediation in advance?

Parties paying in advance helps ensure success through investment and commitment to the process of mediation.





Frequently Asked Questions If your question is not addressed below, please contact us - EAO@alethiamediation.com.au or phone us directly 03 5941 3386 1. What is ADR? Alternative Dispute Resolution is an umbrella term used to describe alternative, more conciliatory solutions to litigation including Conciliation, Mediation, Evaluative Mediation, Evaluation, Expert Determination and Arbitration. 2. What is the difference between litigation and mediation? Litigation is the act or process of bringing or contesting a lawsuit and as such concerns the enforcement of legal rights; judgments are made from a limited choice of options, which does not allow for the nuances of commercial or professional considerations. Mediation focuses on the needs and concerns underlying a dispute and not on legal rights alone. With the assistance of a neutral facilitator (or facilitators) parties have an opportunity to reach a solution that is mutually satisfactory and not binding, unless they wish it to be. 3. What does ADR offer that litigation doesn’t? ADR offers several advantages over litigation – it is a neutral, confidential, flexible, cost-effective and speedy alternative that is gaining popularity because of these important benefits. 4. What if we cannot agree? ADR is a consensual process that relies upon the willingness of parties to work towards a mutually satisfactory solution. It has a very high success rate and the majority of cases are resolved to the satisfaction of all parties because of the inherent nature of the process and the skills and knowledge of the mediators involved. 5. What happens if it doesn’t work? Parties are free to walk away from an ADR process at any time – an option that is not available in a court of law. Resolution of the dispute through the courts also remains open to them, although it is very rare for parties who have initiated ADR to resort to litigation; even parties who do not settle usually consider the process itself to be of value in helping clarify each party’s position. 6. What is a mediator? A mediator is a person trained and skilled in conflict management and dispute resolution. While the mediator may also be a lawyer, psychiatrist, minister or plumber, the mediator practices mediation. 7. What are some advantages of mediation? Time - Taking a matter to court or tribunal can often take months or years; mediation can generally be arranged at short notice and in most commercial matters can be concluded in hours. Cost – As each case is unique, it is difficult to make direct comparisons. Generally it is considered that mediation is a much lower cost in comparison to employing a legal team and then taking the matter to court style jurisdiction. Control – In more traditional dispute forums, a third person or panel makes a decision and imposes an outcome. With mediation, the parties are responsible for the creation of the solution. That is one reason why parties are happy to abide by the agreements. Certainty – Going to court is uncertain. Rarely is one side 100% confident of their position. Parties to a dispute usually believe they will “win” when a matter goes to court for resolution. The one certainty is that a decision will be made. Both sides may dislike the decision, and the costs involved often mean there is no real winner. With mediation, you can work towards a solution that is acceptable to both sides. Flexibility – In mediation, the parties are encouraged to brainstorm, to come up with creative solutions whereas in a court someone is deciding who is most right or most at fault and how should payment or compensation be made. Confidential – Matters discussed in mediation are confidential and on a without prejudice basis so discussions are not able to be used in any subsequent legal process. This also extends to the press and the media. Unlike the public records of court hearings and findings, discussions and outcomes of mediation remain between the parties involved. 8. Can I be forced to mediate against my wishes? Yes and no. One of the tenets of classic mediation is that it is voluntary. The parties agree to mediate in good faith with a view to coming to a settlement both parties can live with, however it is becoming common practice for commercial contracts have a mediation clause stating that in the event of future disputes parties must mediate before looking to other forms of resolution. Courts and tribunals [e.g. VCAT,] in some lists are insisting that parties attempt mediation prior to having the matter heard. This means that people can sometimes feel that they are forced into mediation. 9. What if we don't settle all issues? Often in mediation the parties will resolve a number of issues and get stuck on others. If in mediation you don't agree on a settlement on all issues, you can still use other dispute resolution techniques. 10. What is the settlement rate for mediation? In classic mediation, some studies show that the parties agree on comprehensive resolutions in up to 85 percent of matters mediated. In court ordered mediation, the settlement rate is more variable, mainly due to the nature of the cases, the procedures used and the type of court. In most instances, mediation resolves some specific issues and sets the stage for resolution of the remainder before trial or arbitration. 11. Why would I choose to mediate? At best, every court battle has one winner and one loser, quite often neither party gets what they want. Even the very best lawyers cannot guarantee a win. Mediation helps all parties to get what they want. Mediation is non-adversarial. Through the facilitation process of mediation, disputants are able to work together towards agreements that suit all parties. Mediated agreements are generally more robust than imposed orders, as the parties have worked together to work out what is in their best interests and decide their own best outcomes. Communication can be improved through mediation, personal and business relationships are likely to be maintained or restored through the mediation process. Mediation is much less stressful than court proceedings. Mediation is a voluntary process. Each party is there with the intention to resolve the dispute peacefully, respectfully and in good faith. You maintain control of the outcomes. There is no risk of a judge imposing an order upon you. Resolution is close at hand. Mediation may take only one or a few sessions and can be arranged at much shorter notice than court proceedings. Mediation can be utilised to resolve almost any type of dispute, as long as there is no violence or abuse. It is becoming mandatory in many areas of the law to mediate prior to going to court 12. What is co-mediation? Co-Mediation provides two highly skilled mediators at each session working together on the dispute and resolution. This can assist in complex or difficult disputes involving many issues and /or multi parties. Co-mediation helps to reduce the power imbalance that can exist between disputants. Alethia Mediation & Consulting Services does not generally use Co-mediation due to the increased cost of using two mediators. But should parties desire this system we will discuss the option and costs. 13. What if there are many issues? There usually are. Even more than parties expect. All issues are explored and discussed. 14. How long does mediation take? That depends very much on the number and complexity of issues. A case with few issues may settle within 2-4 hours. The Parties' ability to talk respectfully to each other and to negotiate, greatly impacts on the time taken. The time available to the parties in a session. Should it become obvious that the matter cannot be settled in 4 hours it may be wise to have a further session. 15. What happens after my email enquiry to Alethia Mediation & Consulting Services is received? An intake officer will contact you in normal business hours, usually within 24 hours, either by phone or return email. We confirm with you what you are seeking to resolve and send you an information package which includes an Agreement to mediate, further details of the mediation process and a fee schedule. If you are happy to proceed, a telephone intake session is booked with you and the other party. This usually last for 15 minutes or so. Following this, and provided that mediation is suitable, if we are all in agreement, the first joint session is then booked with all parties. 16. Who makes the decisions? Mediators do not make decisions on outcomes or provide advice. Through the mediation process, parties themselves are able to generate many options before deciding what suits them best. Agreements are only made after thorough negotiation. 17. Are mediators qualified? Yes. All Alethia Mediation & Consultant Services team are qualified, accredited, highly skilled and experienced. They attend seminars regularly to update their skills and competencies 18. Who will conduct my mediation? This depends on the type of dispute. Alethia Mediation & Consultant Services associates may specialise in family, workplace, commercial, community or others. We match the mediators to the type of dispute. 19. Are all mediations conducted in the same way? No. There are many models of mediation. Alethia Mediation & Consultant Services uses a facilitive approach designed on principle based techniques. 20.Where does the mediation take place? Mediation can be conducted at a neutral venue or other agreed suitable venue. Any special needs by a party should be conveyed at intake. Generally mediations will take place during normal business hours. 21. Do I need to bring anything along to the mediation? Yes any information and documents which you rely on for explaining your view of the issues this is very useful in helping everyone understand and formulate suitable solutions and responses. 22. How much does mediation cost? All costs are known and paid before mediation starts. The rate for mediations varies. Alethia Mediation & Consulting Services has a range of moderate rates at day, half day and hourly intervals Parties may also have to pay for their own individual legal costs in preparing for and attending meetings, be they in-house or external lawyers. Experts or specialists might also be required to attend in which case their fees are borne by the party concerned. 23. Who pays for the mediation? Costs are usually split equally between the parties involved in the process, unless agreed otherwise. These generally include the cost of the mediator, the venue and refreshments. There may be other costs for the mediator depending on distance and travel required. Importantly, costs can be dealt with as part of the settlement and can therefore be negotiated during the process and budgeted for. ADR offers significant cost savings in comparison to the cost of going to trial, where the costs are difficult to estimate and almost invariably higher. 24. What if I don’t wish to be in the same room as the other party? Mediation works best when parties can at least start the opening sessions in the same room. Support persons or assistance can be of help in difficult circumstances. 25. What if distance is an issue? Online or teleconferencing can be utilised when parties are in different cities or even on opposite sides of the earth. 26. When is the best time to mediate a dispute? Naturally the optimum time is as early as possible, before too much damage to relationships has occurred. However, mediation can occur at any time, even before during and after court proceedings. 27. Is every dispute mediatable? Ideally, mediation happens when both parties are ready and willing to sort out their issues. However, where there is abuse involved, threat or current violence, emotionality that gets in the way of the ability to negotiate, mental illness, drug or alcohol addiction, or when one party refuses to participate, mediation cannot proceed. 28. What happens if the other party is not willing or does not understand how mediation is beneficial? If you wish for us to contact the other party, we can do this and also send them an information pack. We explain the benefits of mediation. These benefits are well known, recorded, explained on our site as well as sent in our information pack. Mediation must be voluntary and has an outstanding success rate in reaching agreements that suit everyone, when parties are willing and co-operative. 29. What advice will a mediator give me? None. Mediators do not give advice. We strongly suggest you get legal and/or financial advice prior to mediation if you need it. 30. Can my lawyer be present in mediation? Yes. You can bring a lawyer or a support person if you desire. 31. Some of my issues are highly personal or may compromise my position if the dispute did end up in court. I may not want to discuss anything that may compromise my position. How will this be handled? All matters discussed in Mediation are confidential. Except for the Mediated Agreement, anything written will be destroyed after the mediation. In general mediators cannot be called to give evidence in any court, about any issues discussed in mediation, except where required by law e.g. if a crime has been committed. 32. Will mediators provide counseling? No. Mediation is not counseling. If counseling is required, you will be referred to an appropriate counselor. This can be helpful before and during mediation to ensure you are ready and able to mediate. 33. What about education? There may be an element of education that assists with future communication, and relationships as a result of the mediation process. 34. Disputes over wills? Whether succession planning, or deceased estates, mediation can help. 35. Multiparty and/or multiple locations? Depending on the nature of the dispute we can use the most suitable mediators Alethia Mediation & Consulting Services has vast experience with numerous disputants and locations concurrently. 36. What if we don't reach an agreement, do I still have to pay? Yes. You are paying for the mediator’s time and expertise. Payments are made in advance of any work being performed on the dispute. 37. Why do we have to pay for mediation in advance? Parties paying in advance helps ensure success through investment and commitment to the process of mediation.