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If you’re unhappy with your mediation outcomes, could it be your mediator was not qualified?

After speaking with many people in various social media groups that discuss legal issues, it became apparent that many people are disillusioned with their mediation experiences, somewhat baffled by this,  I was determined to find out what is the cause of such ill-feeling towards mediation.

After numerous discussions, what became abundantly clear, was in many cases the Mediator was not qualified as a Mediator,  yes they may be legal professionals,  lawyers, barristers, court registrars etc who are very familiar with the law and can grasp the legal implications of a case, but the problem here is…. they are not mediators,  when mediating they are not there to give legal advice or opinion.  That is the job of the lawyers representing the parties.

So with no formal mediation qualifications or training, the ad-hoc mediator enters the fray,  puts on his mediator hat and now hopes for the best that they can help the parties negotiate a deal with some sort of guidance from the wannabe mediator.

On top of that to add insult to injury the parties are forced to pay exorbitant rates for this so called mediation,  with costs ranging from $7,500 to over $13,000 for the day of Mediation being commonly quoted.

In contrast, highly experienced, qualified mediators who are trained to NMAS standards and registered with the Mediator Standards Board according to rates paid by Government agencies for mediators who have to maintain an 80% success rate[1] in their performance and resolution of cases only get $1,350 per day[2].

So before you chose your next mediator or accept one to mediate your case click here Mediator Standards Board and see if their name is listed to show they are qualified and trained to National Standards.

If you would like a free, no obligation consultation with a nationally qualified mediator simply complete the form below and we will call you to discuss whether mediation could help you.

 

Footnotes 

[1] Victorian Small Business Commissioner, Mediation Panel Policy for Appointment of Mediators, accessed here on 06/13/18 at 10.56am, https://www.vsbc.vic.gov.au/wp-content/uploads/2017/09/VSBC-Mediation-Panel-Policy-for-Appointment-of-Mediators.pdf.

[2] Victorian Small Business Commissioner, Mediation Panel Fee Policy, accessed here on 6/13/2018 at 10.54am  https://www.vsbc.vic.gov.au/wp-content/uploads/2017/09/VSBC-Mediation-Panel-Fee-Policy.pdf.