Mediation

Mediation is as much an exercise in psychology as legal practice. It involves each party having the opportunity to ventilate their feelings, by the lawyers and often the parties themselves saying whatever they wish to say. Even though the mediator makes no determinations as to who is right or wrong, this process makes the parties more willing to put their feelings aside and negotiate a commercial resolution than if they were negotiating directly without a mediator.

Notice of dispute

Clauses 38(4) and 40(4) of the Code require a complainant to give written notice to the other of the dispute in a prescribed form, and states that the parties must then try to resolve the dispute and not refer it to a mediator for three weeks after commencing this process.

Appointment of a mediator

Clauses 38 and 40 allow either party to ask the mediation advisor to appoint a mediator. Clause 45 of the Code provides that the Mediation Advisor shall appoint a mediator, if the parties cannot agree themselves. The Mediation Advisor is a federal public servant, who can be contacted on the Internet.

Small business Commissioners

The federal government and the governments of Western Australia, Victoria, New South Wales and South Australia have each appointed Small Business Commissioners whose roles include assisting small businesses to resolve disputes. The Small Business Commissioners in New South Wales, Victoria and South Australia provide inexpensive mediation services.

See Mediation.