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woman and man needing mediation and dispute resolution
woman needing mediation and dispute resolution

Mediation

Don't be conflicted. Let an experienced mediator help you find the right solution.
man needing mediation and dispute resolution

Experience that matters

Lesleigh has been helping people resolve disputes for over 35 years.

Lesleigh is currently available to conduct:

  • mediations in family law
  • mediations in membership disputes including for incorporated associations and other not-for-profits and charities
  • mediations under a grievance policy for incorporated associations and other not-for-profits and charities

The mediation process

Increasingly regulators are requiring the parties to a dispute undertake mediation in an effort to resolve their dispute before taking legal action.

The term “mediation” is used to describe a meeting by parties to a dispute, facilitated by an independent third party where the parties are given the opportunity to explore the issues in dispute and consider how to resolve that dispute.

The mediation process provides the participants with the opportunity to communicate with each other, exchange information and seek understanding, clarify the issues in dispute and consider options for resolution. Importantly it gives the participants the opportunity to negotiate an outcome that suits them both and to reach their own decision about the outcome.

Lesleigh will help to keep the parties focused on what is realistic and practical and within the framework of the law.

For detail of the process see below What Happens During A Mediation?

The mediation fee

The standard fee for a mediation is shown on the website. The mediation fee includes attendance at mediation and reasonable preparation (1 hour allowed for standard mediation and 2 hours for non – standard mediation). There is no intake session. In circumstances where the issues are more complicated and more preparation time is needed, the fee may be higher and will be as agreed at the time of booking.

Expenses associated with travel to and from the place of mediation may be additional depending on the venue and will be by arrangement as agreed. Expenses associated with venue hire are not included in this fee and will be charged to the parties at cost.

Getting started

Bookings

Please call me (Lesleigh) to check available dates and to book a mediation. A non- refundable booking fee of $200 is required to secure the booking.

Lawyers - securing the fee

Each party’s lawyer is asked to confirm they have in their trust account, their client’s share of the agreed mediation fee at least 7 days prior to the mediation.

Preparation

As a general rule – If an application has been filed in the court, each party’s solicitor is to provide a copy of the material filed on behalf of their client to me.

If no application has been filed each party is to provide a brief outline of the issues from their perspective.

In family law matters the parties can use the Mediation Statement available on this website. In other matters Lesleigh will advise what material will help her to conduct the mediation.

Prior to the mediation you will be required to sign a Mediation Agreement which you can find on the website.

Mediation Fees

Booking Fee
non refundable
Payable on 
booking
$20000 plus GST
Contact Lesleigh
Mediation
up to 4 hours
Fixed fee
Standard Mediation
$180000 plus GST
Contact Lesleigh
Mediation
4 to 6 hours
Fixed Fee
Non standard Mediation
$360000 plus GST
Contact Lesleigh

Frequently Asked Questions

As a general rule the process will be as follows:

  1. Introduction
    • Establish the purpose of the meeting.
    • Establish mediator/facilitator role.
    • Establish time limits for the discussion.
    • Agree ground rules for behaviour.
  2. Define the problem.
    • Identify the fundamental differences between each party’s perspective
    • Identify the interests (the underlying needs, expectations, apprehensions, perceptions, goals, etc.).
  3. Generate options (via brainstorming) that might/could address each party's interests.
  4. Evaluate options and the consequences of each
  5. Consider and discuss possible solutions
  6. Negotiation between the parties with a view to reaching an agreed outcome
  7. If agreement is reached, consider details and where appropriate record the agreement
  8. If agreement not reached identify a plan of action.

You should discuss with your solicitor what you need to do to prepare for the mediation. At the mediation meeting itself you should participate in good faith and positively. You will usually be asked to tell the mediator the issues from your perspective and the options that you would like to consider to resolve those issues. Be ready to consider alternative outcomes. Be ready to make decisions.

Each party will need to attend the mediation. Lesleigh will facilitate the mediation. If a party has a lawyer, their lawyer may be present.

A party may wish to bring a support person with them to the mediation. You should talk to your lawyer about whether having a support person with you on the day of the mediation will help you or not. If you do not have a lawyer please discuss this with Lesleigh.

 

Your solicitor will act on your instructions. Usually, the party’s solicitors will undertake the negotiations during the mediation. Your solicitor will provide advice to you about the options and solutions and help you to understand the impact of each option on you.

The mediation can be conducted with you in different places and using an online platform if that is preferred. If it is possible to meet in person at the same place this is usually the most effective way to participate in the mediation.

You have control over the outcome of the mediation. If you agree to a solution to the issues in dispute, your solicitors will be able to formalize that agreement for you.

If you do not agree to a solution, you will be better informed about the issues from the other party’s perspective. You may be able to agree on what is to occur in the future in the short term and plan the process going forward.

Lesleigh welcomes any suggestions as to an appropriate venue. The optimum venue will have 3 rooms – a larger neutral room for the meeting with the mediator and 2 break out rooms for the party’s to be with their team. The party’s must meet the cost of the venue.

The standard fee for a mediation is shown on the website. This includes the mediators fee, and the expenses associated with it. Most parties agree to share the fees between them equally. You will also have to meet your own lawyer’s fees and any other costs for the meeting.

Mediation is a process that provides the participants with the opportunity to communicate with each other, exchange information and seek understanding, clarify the issues in dispute and consider options for resolution. Importantly it gives the participants the opportunity to negotiate an outcome that suits them both and to reach their own decision about the outcome. It is thought that people respond better to the opportunity to control the outcome rather than have an outcome forced by a court.

No. The process is intended to give you the best opportunity to reach an agreement. You will not be forced to agree to a resolution.

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