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  • in reply to: Mediation: The umpire strikes out #22602

    Brief mention has been made of the mediation fascioity of NSW “Community Justice Centres ” (part of NSW Attorney General and Justice Department).

    They have been providing FREE co-mediation (two mediators) sessions,anywhere throughout NSW at convenient venues and times,all to suit attendees.( since the early 1980’s).

    With a success rate of over 85%,mediators are highly experienced (in mediation that is).They do not offer “opinions” nor give “advice”,but simply assist the parties to identify areas of conflict and help them work toward a “settlement” that they both can live with,getting on with their lives,without conflict.

    The areas/matters at issue are not the problem,what is, the willingness of each to listen (politely- preferred) ,begin to understand why the other party disagrees over what issues,then as directed by  experienced co -mediators,discuss how they can be settled or best accommodated.

    Co mediators,”may” have considerable experience in the issues ,but will never offer advice or promote a solution,this can only come from the parties attending.                                                                                                   

    Any agreement is that only of what the parties attending mediation have agreed.Is it “technically correct? legally binding? staement only of facts?” Yes or No,is not he point.What is ,that the parties have an agreement,something they themselves have “nutted out”,something they can live with.

    Parties are encouraged to agree to return to Community Justice Centre mediation If there if there is any problem with the workability of the agreement terms.

    One basic diffence with DFT mediation is, at CJC both parties must agree to attend,neither can be compelled.Parties attending should be all those that can help in working toward settlement .Both arties will be asked to agree with proposed attendees.

    This is not a “paid” advertisement” for CJC but simply an endorsement of what is on offer in NSW.It would be interesting to hear from any Flat Chat members who have used this fascility,particularly on real estate, neighbour or sSmiletrata matters .

                                                                                              

                  

        

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