Effective Mediation & Arbitration
EFFECTIVE MEDIATION
& ARBITRATION
Resolution Through Discussion
History
The mediation portion of Effective Mediation and Arbitration was originally started as a part of a larger legal and mediation practice in 2010 based on the experience of our Principal as a Lawyer, Mediator and Arbitrator for 2 decades in South Africa. The Arbitration portion was added in 2015. In 2021 a decision was taken to separate Legal services from Mediation and Arbitration services and the Legal Services was sold off.
Effective Mediation and Arbitration was born to specifically pursue Alternative Dispute Resolution as a route to grant people options other than having to use the expensive Court process where relationships whether personal , workplace or commercial or family break down . Shortly after because we identified the need especially in Family Law, Counselling services was added to the services provided.
Our Current Principal Mediator ,Family Dispute Resolution Practitioner, Arbitrator and Counsellor is Deon and he has experience:
30 years as a Lawyer (Family & Commercial Law ) . (now retired)
31 years as a Mediator , 31 years as an Arbitrator , 18 years as FDRP and 5 years as a counsellor specialising in Children and Families.
He has set out his motivation which has become our guideline as follows:
"I have seen families and business relationships destroyed when the seed of dispute sprouts. I have seen financial ruin because of court costs and injustice because of a party not being able to avail themselves of the court because of financial imbalance and decided to offer an alternative".
ACCREDITATIONS AND AFILIATIONS
The practitioners working at this practice are affiliated with and/or accredited by the following entities:
​
Resolution Institute (Australia and New Zealand)
AIFLAM – Australian Institute of Family Law Mediators and Arbitrators
Family Dispute Resolution Accreditation Section , Office of the Commonwealth Attorney General
IAOTH – International Association of Therapists
ACA – Australian Counselling Association
PACFA- Psychotherapy and Counselling Federation of Australia
AMDRAS- Australian Mediation and Dispute Resolution Accreditation Standards
NMAS - National Mediation Accreditation System
Services
Services
1
Family Dispute Resolution Children
This is the attempt through specialised mediation as mandated under the Family Law Act and Family Court Act to resolve after separation aspects of the care of children as well as time spent with children by the party who is not the primary carer to reach an agreement and avoid the need to have a Court hand down a ruling. Subject to the best interest of the children the parties control what they agree. The mediator's role is to be impartial and facilitate an agreement acceptable to both parties but measured against the best interest of the children.
2
Family Dispute Resolution Property
This is the attempt through specialised mediation as mandated under the Family Law Act and Family Court Act to resolve after separation aspects of the division of Assets of the Parties to reach an agreement which provides a Fair and Equitable outcome for both parties which the Court can confirm by orders . This avoids the need to have a Court hand down a ruling in a contested matter saving substantial costs. The mediator is role impartial to facilitate an agreement overall fair and equitable to both parties based on their contribution and needs.
3
Family Dispute Mediation
This is the attempt through mediation outside the Family Law to address problems in relationship/family dynamics which the family can not solve themselves and which has proceeded beyond being addressed by counselling. It is suitable to address concerns of the parties before bridges are burnt irrevocably. It is suitable for parent & child disputes, generational disputes or disputes forming part of a personal relationship. The main benefit is the parties control what they agree , less costs and the ability to save the relationship.
4
Family Law Arbitration
This is effectively "Rent a Judge" in Family Law as mandated under the Family Law Act and Family Court Act to resolve after separation aspects of division of Assets in a fair and equitable outcome . The Arbitrator is engaged as an independent expert to evaluate the evidence provided by the parties and hand down a ruling. The ruling is binding and capable of being registered with the Family Court as if handed down by the Court and the Court will enforce the ruling like a Court Order. The benefits are a substantially shorter period to reach resolution and substantial savings on costs.
5
Elder Mediation
Growing older and retiring often brings changes in relationships within a family and crating new or changed relationships concerning residency and care matters. Elder mediation is targeted to address friction being caused by these changes of circumstances and relationships both in the family relationships and new caring relationships inclusive of disputes with the providers of care services. The benefits are mostly to keep relationships intact , help with adjustment to changed circumstances and ensure appropriate care.
6
Commercial Mediation
This is to resolve disagreements between businesses or businesses and consumers where it is of paramount importance to clear the dispute and maintain the relationship as nothing ruins a working relationship like litigating the matter in Court . It has the benefit of involving the parties themselves in generating solutions fitting their unique circumstances and which both parties can live with. Often contracts contain a binding commercial mediation clause requiring that mediation be attempted before going to Court to control costs.
7
Workplace/ Employment Mediation
Work and it's accompanying relationships is probably where you will spend more of your time than any other relationships and like all relationships there are ample opportunity for abuse of power or misunderstandings or disciplinary concerns. Mediation allows the parties to tailor make a workable solution to allow ongoing engagement and not sever the relationship. Discussing matters in mediation maintains the dispute confidential but allows for natural justice principles of being heard and being supplied with all information about the dispute so you can answer.
8
Child Inclusive Mediation
Children should never in person be involved in a mediation flowing from their parents separating but there are times that it is important for the children's views to be considered in the mediation or someone needs to remind the parents to be child focused by reporting back to the parents in mediation how the child experiences the change of circumstances. In CIM a child counselor meets with the children to assess the situation without traumatizing the children by using child counseling techniques and then acts as voice of the children in the mediation making sure that their needs are understood.
9
Separation Counselling
for Parents and Children
Separation is an emotion filled period of time where parties are often focused on the pain they are suffering and on what they consider they are entitled to , often based on advice of peers. Separation counselling for adults focuses on facilitating understanding of moving to a fair and child focused resolution despite the pain. It guides understanding how to be child focused rather than fixated on their perceived entitlements.
With children an individual approach is used to help them deal with the changed circumstances even if they do not understand the reason why.
10
Child Counselling through
Play Therapy and Art Therapy
When dealing with matters that affect children it is necessary to understand that children does not have the communication skills or vocabulary as it only develops fully later. Consulting with children as well as therapy for children is therefore approached through providing them with a variety of toys to act out scenarios as they experience it or provided with paper and a variety of art materials to express themselves through drawing or painting. This allows for an informal but trauma based analysis and any therapy is done through discussion of the play or art creating understanding at the appropriate age level.
11
Pre-Teen and Teen Counselling
This is a complex stage where the client is not jet an adult but no longer a child. There are many physiological and psychological changes happening and a strong need to start establishing an independent personality . This independence does not only feature through pushing boundaries with parents but also makes it unlikely that advice will be sought from parents. Further the need to conform with peer standards and unrealistic expectations created by social media and coupled with self doubt and image doubt create complex conflict in this age group. Therapy is usually through conversation and more often than not they just use the counsellor as a confidential sound board.
12
Developmental Counselling
Children are not mini sized adults and have a long route of development ahead of them. Unfortunately parents seldom remember how they perceived and experienced things at the various ages of childhood and want the child to respond at a much more advanced level. This service is offered to parents who are out of their depth because of changed circumstances e.g. not spending substantial time with child because of career and now because of separation or single parent circumstances need a reality check as to what is appropriate for and in the best interest of the child developmentally. It is not so much counselling as a skills and expectations reset for better alignment with the child's needs.