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Mediation is a structured negotiation process in which ITO Mediation is an independent entity, known as a mediator, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute.

All cases, regardless of their complexity or number of parties, are eligible to be referred to mediation. The types of matters commonly mediated at the Federal Court include corporations law, intellectual property, industrial law, consumer law, human rights, admiralty, tax, divorce and costs.



Is it for me?

Some factors about your dispute may indicate that it is particularly suited to mediation, such as:

  • A willingness to participate in mediation;

  • The possibility that a judge’s decision will not end the dispute;

  • The need for parties to find a way to preserve their relationship;

  • The existence of non-monetary factors; and

  • The potential for a negotiated outcome that better suits the needs and interests of the parties than a judge’s decision.


Why mediate?

Mediation offers many benefits over a trial by a judge, including:

  • Time: ordinarily a dispute can be resolved more quickly through mediation than through a trial.

  • Cost: if a dispute can be resolved through mediation, the costs of preparing and running a trial can be avoided. Additionally, after a trial the unsuccessful party may be ordered to pay the legal costs of the successful party.

  • Flexibility: mediation offers parties more control over the outcome. A mediation process which is customized to your needs can be arranged with the mediator.

  • Stress: mediation is less formal and less intimidating than appearing in court.

  • Confidentiality: mediation is private. The judge is not informed of the contents of the mediation. It is also usually unable to be used against a party if the case goes to trial. (The Court recommends you discuss mediation confidentiality with your lawyer).

  • Satisfaction: because the parties decide and agree on the outcome of their dispute they are more likely to be satisfied with the result and to comply with what has been agreed.

  • Finality: settlement agreements can usually only be modified with the agreement of all parties.


Who attends mediation?

The parties are in ultimate control of any decision to resolve their dispute. It is essential that people attend the mediation with sufficient knowledge of the relevant issues in dispute and the authority to make decisions about how it might settle after the mediation. If attending on behalf of an organization the Court requires the attendee be an authorized officer who is able to make a decision about how the dispute might be settled and to enter into an agreement on behalf of the organization.
If you are not legally represented you may ask to bring someone for support.


How do I prepare for mediation?

You can improve the quality of your mediation by considering:

  • What issues are in dispute, including the facts and sources of conflict;

  • What is important to you in any resolution of your dispute. The interests that you wish to preserve or pursue may be different to an outcome sought through a trial;

  • How best to communicate this information, both to the mediator and the other party;

  • What you would say at the start of the mediation, to assist in resolving the dispute;

  • What the other party’s aspirations might be and how these might be accommodated in any offer of settlement;

  • Possible contents of an offer and methods of communication;

  • What costs have already been incurred, are likely to be incurred and what part of these might be recovered; and

  • The possible outcomes if the matter were to proceed to a trial, including the dollar value of any damages claimed and any limits on the Court to award these.


What happens at mediation?

Before commencing mediation the mediator will consider the best process for mediating your dispute, taking into account suggestions from all parties where possible. The mediation will commence with an explanation of the process, followed by a discussion about the background of the matter and issues in dispute.

The mediation itself is flexible and can be tailored to the circumstances. Mediators may assist negotiations by asking questions, encouraging open discussion, offering different perspectives and expressing issues in alternative ways. Parties may be encouraged to identify and test the consequences of potential solutions. It is common for the mediator to meet with the parties jointly and separately and further mediation sessions can be scheduled if necessary.


What are the possible outcomes of mediation?

The case may be settled in full or in part or parties may not be able to reach agreement.

If agreement is reached about part or all of the dispute, the details of that agreement will usually be recorded and signed by all parties before the end of mediation. If the dispute is settled in full the mediator will notify the judge that the matter has settled. The mediator will not provide the judge with any details of the mediation discussions or the terms of any agreement the parties reached without the permission of the parties. Once the agreement is finalized the parties will usually formally notify the Court that the case is not going to proceed and the case will be closed.

If the matter is not fully settled there may be discussion about what needs to be done to prepare for trial and the file will return to the judge. The mediator will notify the judge of the outcome but not the content of the mediation. Even when a matter does not settle clarification of the issues often occurs. Mediating a dispute does not mean there will be a delay in it being heard by a judge.
How much does mediation cost?

All fees that apply to mediation is ordinarily paid by the applicants, unless otherwise ordered. In some circumstances fees can be exempted or deferred.

Parties will usually incur the legal costs of their own lawyers preparing for and attending mediation.

ITO Mediation can arrange and pay for the cost of a translator but such costs are shared by both parties involved.


For More Information Contact:
Information Technology Outlook, Inc.
2783 Martin Rd Dublin, OH 43017
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Last modified: 10/16/16