Mediation and Dispute Resolution
We navigate an impartial and facilitative process in a neutral environment to optimise the opportunity for settlement and resolution, aimed at lasting success to fulfil the needs of our clients.
What is Alternative Dispute Resolution and Mediation?
Mediation is an impartial, structured process, yet informal and flexible compared to an adversarial judicial process
Participation can be voluntary, under a court/tribunal order or triggered by an existing contractual agreement. Parties can choose or approve the mediator
It is less expensive than the court system and parties can decide to share or divide the cost
Confidentially between the parties may encourage information sharing and honest disclosures. The mediator being bound by confidentiality improves trust
It is faster and more efficient than the court and legal system
Parties are directly engaged in and maintain control of the dispute resolution process, they are encouraged to identify all of the disputed issues, develop options, consider alternatives and reach a negotiated agreement
Parties reach a mutually agreed resolution and settlement and commit to honouring the agreement because they had a say in finding the solution
Issues with implementation and other consequential matters can be followed up and lines of communication remain open through the mediator if there are impasses and barriers to the good faith agreement
Relationships can be preserved and strengthened as mediation allows for the expression of feelings, psychological, social and economic dynamics
Mediation focusses on problem solving rather than apportioning blame
It assists parties to understand their own and each other’s perspective, issues, motivations and intentions facilitating conversations and genuine participation in the process
Mediated agreements can be comprehensive and customised to include non-monetary and ‘in kind’ solutions that meet the needs of the parties, along with Individual Flexibility Arrangements (IFAs) in single, multi-enterprise and greenfield Enterprise Agreements.
Mediation can empower women to raise issues and concerns in a safe, neutral environment with facilitated discussion.
GCAN supports the UN Women's policy to:
"increase the availability of gender expertise and to support greater and more effective participation of women at all levels of conflict resolution to ensure that outcomes are gender-responsive. Women’s participation in a mediation process can help ensure that more and diverse members of the community become engaged in peacemaking."
GENDER CORPORATE ADVISORY NETWORK
GOVERNMENT & CORPORATE ADVISORY NETWORK
Regs & Corporate Advisory Network