Areas of Mediation

Mediation can be useful in any area of life where conflict can occur. I have successfully conducted mediation in numerous areas. (click the [?] at the end of each line for more details)

  • disputes between neigbours or within a neigbourhood [?]
  • disputes within a family (nuclear or extended) (other than Family Dispute Resolution (FDR) under the Family Law Act) [?]
  • Family Dispute Resolution (FDR) to reach agreement on where their children live and what responsibilities the parents will take on to address the best interests of their children [?]
  • Family Dispute Resolution (FDR) to reach agreement on property division [?]
  • mediation for couples who are still together, want to stay together and want to resolve issues between them (this is different from couples counselling) [?]
  • disputes involving older people (Elder Mediation), including between an older person and their adult child(ren) or between an older person and their carer or age-care provider [?]
  • disputes within a workplace, either between employees or between an employee and a manager or management generally [?]
  • disputes within a workplace team [?]
  • business disputes within an organisation, including not-for-profit organisations [?]
  • disputes between organisations [?]
  • disputes between a professional (e.g. a healthcare provider or builder) and a patient/client/customer [?]

The Mediation Process

Rules of Mediation

Parenting Family Dispute Resolution

Property Family Dispute Resolution

During the Mediation

About the mediator – Daan Spijer

 .
Neighbourhood Disputes  button to return to top of page

Disputes can arise between neigbours, between individuals or groups within a neigbourhood. This can be about frequent tennis parties causing unwanted noise, a broken fence, barking dogs or security lights shining into a neighbour’s windows. Disputes can also arise between community groups or within community groups or sporting clubs. Mediation can bring the parties together in a safe environment where I can assist those involved to have a dialogue with the aim of reaching a solution to their issues.

 .
Disputes Within a Family button to return to top of page

Adult members of a family may be operating a business together or parents may have lent money to adult children to buy a house. I have helped families who have had disputes in both these situations to find ways of overcoming the emotional charge that can get in the way of discussing the issues in a constructive way and reaching a satisfying outcome. This allows the relationships within the family to remain intact. My skill is in helping people separate the relevant issues from the emotional background.

 .
Parenting Family Dispute Resolution (FDR) button to return to top of page

Disputes between separated or separating parents about the care of their children can be taken to the Family Law Court. However, the Family Law Act demands that all such disputes must first go to mediation. I have conducted many such mediations and helped parents reach workable, even amicable, arrangements in over 80% of cases. In the rest, I have often been able to help them reach partial agreements as a basis for further discussion. Parenting agreements reached in mediation are more flexible than those imposed by a court, allowing them to be adjusted as the needs of the children and their parents change over the years.

 .
Property Family Dispute Resolution (FDR) button to return to top of page

When two people separate from a marriage or from a de facto relationship, they will want to reach agreement on the splitting of their property. If they cannot agree on how to do this, the Family Law Act demands that they first attempt to mediate, before they can take the dispute to court. I have successfully mediated such family property disputes with most of them resulting in a property settlement. These mediations typically take two half-day sessions. The parties need to do ‘homework’ before the first mediation session to thoroughly itemise and value all their property.

 .
Couples Mediation button to return to top of page

Within any relationship, disagreement can arise on any issue. It can be extremely valuable for two people in such a situation to seek help to resolve their differences or impasse. Couples mediation is different from couples counselling. I have successfully conducted mediation sessions with two people who want their relationship to move beyond their disagreement. While I have training and clinical experience as a psychotherapist, I conduct such mediation sessions in a way that has the two people move into a constructive discussion about their disagreement, exploring why the disagreement exists and how they can move on. Although these mediations fall outside the Family Law Act, they are often about managing the parenting of their children, including schooling, sports and other activities and religious upbringing.

 .
Elder Mediation button to return to top of page

Elder mediation is a growing area of dispute resolution. Unfortunately, there is an increase in elder abuse, mostly financial, involving adult children. An example is children putting pressure on their parents to move into aged care so that their house can be sold and the proceeds distributed to the children. Another example is an adult child misusing the power of attorney their parent has given them. Disputes can also arise between and older person and the aged care facility in which they live. These disputes can come about through misunderstanding or ineffective communication. I have mediated all manner of disputes involving older people and these have generally resulted in an outcome that works for all the people involved.

 .
Workplace Mediation button to return to top of page

Disputes often arise within workplaces. This can be between employees, between management and an employee or group of employees, between teams in the workplace or between members of the management team. In any of these cases, mediation is effective in helping those in dispute to discuss the issues involved and move towards a situation where they can continue to work together. Apart from my mediation skills and experience, I bring my sixteen years’ experience as CEO of a medical college.

 .
Organisation Dispute Mediation button to return to top of page

As within families, disagreements can build up between partners in a business or the members of a not-for-profit board. If not dealt with effectively and early, these disagreements can fester and lead to the failure of the business, the dissolution of a partnership or the self-destruction of the not-for-profit organisation. I have successfully assisted business partners sort out their differences and move on and also successfully conducted mediations with entire organisation boards.

 .
Disputes Between Organisations button to return to top of page

Businesses frequently find themselves in disputes with other businesses. This can also be true for not-for-profit organisations. Such disputes can be costly for all involved and take up a lot of time. They can also lead to the ‘demise’ of one or both parties. Mediation offers a process through which the underlying issues can be quickly identified and workable solutions found.

 .
Disputes Involving Professionals or Contractors button to return to top of page

From time to time, professionals such as doctors and other healthcare providers, lawyers, accountants, real estate agents, electricians, plumbers, etc., will find themselves in dispute with a patient, a client or a customer. Taking the matter to court can be expensive and time-consuming. Mediation offers a cheaper and faster alternative and leaves the parties in control of the narrative and the outcome. Success in such mediations is high.