Arts Law can arrange mediation to assist you in resolving your dispute with another party.
To view Arts Law's Mediation Guidelines, please click here.
What is mediation?
Mediation is a process of dispute resolution which encourages the parties in dispute to isolate the issues, develop possible settlement options, and negotiate a resolution which is acceptable to them with the assistance of an impartial person – the mediator – to facilitate the process.
How is mediation different from other alternative forms of dispute resolution?
There are many alternative processes to litigation before the courts to resolve a dispute, for example arbitration. Mediation is, however, different in method from most processes as:
- the parties remain in control of the process, the role of the mediator being to facilitate it. By contrast, the arbitrator directs the process; and
- the parties make the decision by striking a legally enforceable agreement with each other, which is facilitated by the mediator. By contrast, in most other forms of alternative dispute resolution a third party, for example the arbitrator, makes a decision which is binding on the parties.
What's so good about mediation?
Mediation presents many advantages. In particular, it is:
- cost and time effective
- voluntary
- informal
- controlled by the parties
- private and confidential
- "privileged"
- an opportunity for the parties to preserve or resurrect their relationship
- a means of dispute resolution which is additional to going to court
Detailed information on the advantages of mediation.
How does Arts Law's mediation service work?
When you get legal advice from Arts Law in relation to a legal dispute (whether or not litigation has already begun), the lawyer will assess whether it might be suitable for mediation.
If you are interested in using mediation to solve your legal dispute, Arts Law can set up the process and try to organise a mediator from its panel of mediators. The mediators offer their services for the purpose of providing a low cost mediation service to artists and arts organisations. Arts Law’s mediation service is limited and the ability to organise a mediation session is contingent upon the availability of a mediator.
What exactly does a mediator do?
The mediator uses his/her training to facilitate the parties to reach their own agreement, in particular by raising and discussing settlement options to assist the parties. The mediator cannot make any decision nor impose a solution on the parties.
Do I need to be a subscriber to Arts Law to access the mediation service?
Yes, you must be an Arts Law subscriber before Arts Law can organise a mediation session at your request. Arts Law does not charge any fee for its mediation service.
Are there any costs involved?
Yes. The fee payable to the mediator by each party is $100 per hour (exclusive of GST).
What happens next?
If you decide to mediate your dispute and the other party agrees to this process, Arts Law will try to find a mediator. If and once a mediator has been chosen, all parties and the mediator will sign a mediation agreement which determines the costs as well as the parties' rights and obligations (eg. confidentiality) in relation to the process.
The parties and the mediator will then agree on a time for the mediation session. The process will end either when the parties in dispute have found a mutually acceptable solution to their problem or when they decide to end it or a party withdraws from the mediation.
Read Arts Law's information sheet on mediation service for more information.