M5 - Learner Manual

What is Mediation?

Mediation is one form of alternative dispute resolution (ADR).  

ADR refers to various dispute resolution processes and techniques to assist parties to a dispute to come to an agreement with the help of a third party thus avoiding the need to make a complaint to a court.

In more recent times, however, ADR has been adopted by courts as a tool to help settle disputes alongside the court system itself. ADR has been adopted as a useful tool by most Australian court systems.

Outside the court context, ADR has also become a familiar feature for dealing with disputes in business and community situations.

Mediation is a process that promotes the self-determination of participants and in which participants, with the support of a mediator:

(a) communicate with each other, exchange information and seek understanding

(b) identify, clarify and explore interests, issues and underlying needs

(c) consider their alternatives

(d) generate and evaluate options

(e) negotiate with each other; and

(f) reach and make their own decisions.