Mediation: a way to work it out

Introduction

Mediation helps people to talk about their concerns and reach an agreement about how to move ahead.

Mediators help people to:

  • discuss issues that are important to them
  • explain and listen to each other’s point of view
  • consider ways to resolve the dispute
  • negotiate with each other
  • reach and make their own decisions.

Mediators do not take sides or decide who is right or wrong. They help people to focus on the issues and keep the communication going to reach an outcome.

Mediation can stop problems from escalating and preserve relationships. It can save the time, hassle and stress of going to court.

Around 70% of mediation cases reach agreement.


Mediation with the Community Justice Centre

The Community Justice Centre (CJC) is a Northern Territory Government service that offers free community mediation at local venues across the Territory.

When you contact the Community Justice Centre, the team will:

  • listen to your concerns and clarify the issues
  • assess if your dispute is suitable for mediation
  • assist you to explore options and strategies that may help you to resolve the situation
  • contact the other person to arrange mediation, with your permission
  • offer you a participant workbook to help organise your thoughts
  • arrange an interpreter if required.

Mediation is voluntary. The CJC can invite people to participate, but cannot force anyone to attend.

Types of disputes

Disputes can arise in many different areas of life. The Community Justice Centre offers mediation in these situations:

  • court or tribunal matters
  • disputes about money
  • neighbourhood disputes over fences, pets, noise, trees or property damage
  • conflict  between members of a club or association
  • disputes between colleagues or committee members
  • commercial matters
  • conflict among extended family
  • disputes involving social media.

The difference between mediation and court

Mediation is a way to resolve disputes without going to court.

When you use mediation, you remain in control of the outcome, rather than a judge.

Mediation is:

  • cheaper and faster - legal proceedings can be costly and take years
  • flexible - times and places can be arranged to suit everyone involved
  • confidential - courtrooms are open to the public
  • positive - builds on existing relationships and is future focused.

Mediation does not follow the same rules of evidence and procedure as court.

You decide what is important to discuss, and your agreement can cover a wider range of issues and solutions.


Attending mediation

This information is for people attending mediation.

Who can attend

Everyone who must be involved in making decisions about the dispute needs to be there.

Support people

You can bring a support person but everyone must agree on who can attend before the mediation starts. Support people are there as emotional and practical support and do not speak in the mediation, unless by agreement of all participants. Support people are required to sign a confidentiality agreement.

Lawyers and witnesses

Lawyers and witnesses are not required as the mediator is not there to assess the situation or make any legally binding decisions. If you have any legal concerns or questions, you are encouraged to seek legal advice before attending. The Community Justice Centre can provide you with contact details for free legal services.

Being in the same room as the other person

Mediation generally involves being in the same room and discussing issues in a safe and controlled environment. If you are worried about being in the same room as the other person you can request a video, teleconference or a shuttle mediation across separate rooms.

Time involved

Preparing for mediation can involve a number of phone calls and the mediation appointment can take up to 4 hours. The process involves exploring the issues in detail and considering how best to resolve them.

Mediator qualifications

Mediators at the Community Justice Centre are qualified under the National Mediator Accreditation System. They come from a range of professional backgrounds and have extensive experience in the Northern Territory .


Contact the Community Justice Centre

The Community Justice Centre is a Northern Territory Government service that offers free dispute resolution services at local venues across the Territory.

2B1 CASCOM Centre
13 - 17 Scaturchio Street
Casuarina NT 0810
cjc@nt.gov.au

PO Box 41964
Casuarina NT 0811

Free call: 1800 000 473


How to request mediation

If you want to request mediation for yourself or someone else, fill in the relevant online form.

Request mediation for yourself
Request mediation on behalf of someone else .


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