Dispute Resolution Branch Presentation for QAILS Conference th May Brisbane Dispute Resolution Branch

MEDIATION DEFINED... Mediation is a way of settling a dispute without legal action. It is a meeting of people in conflict, with one or two mediators present. The mediators guide the discussion between the parties to help them work out an agreement. Mediators never take sides or sit in judgement.

MEDIATION IS: Free (in most cases) Confidential Voluntary Not legally binding Neutral and Impartial Mediators do not give advice May take up to four hours Can be arranged at a convenient time for all involved.

ISSUES HANDLED THROUGH MEDIATION: Family, Spousal and intergenerational disputes (we do not issue s60I certificates) Workplace disputes Commercial dispute Relationship separations QCAT small debt matters

ISSUES HANDLED THROUGH MEDIATION: Multi-party disputes Tenancy disputes Neighbourhood disputes: noise, pets, fences, trees, children, and/or damage. Indigenous Disputes- Aboriginal /Torres Strait Islanders

BENEFITS OF MEDIATION: Allows parties to maintain “ownership” of the dispute Addresses ongoing relationship issues Deals with emotional as well as substantive issues Allows parties to contribute to outcome Allows a “win / win” outcome rather than a “win / lose”.

WHEN IS MEDIATION NOT APPROPRIATE? There may be a potential for fear or risk of violence, Power imbalances, Inability to understand the role and process of the DRC,

WHEN IS MEDIATION NOT APPROPRIATE? Orders prevent contact (eg. Domestic Violence Protection Order), Lack of good faith or willingness to negotiate, There may be duress, Inability of a party to understand their behaviour and their effects on others.

DRB’s RELATIONSHIP WITH THE COURTS Mediate matters ordered under the Uniform Civil Procedure Rules (UCPR), Justice Mediation for criminal matters, QCAT, Peace & Good Behaviour complaints. All of these matters need to be formally referred to the DRCs.

DRB’s relationship with QCAT Since 1 December 2009, a number of tribunals have been amalgamated into the Queensland Civil Administration Tribunal (QCAT) QCAT deal with minor civil disputes and disputes up to the value of $25,000 QCAT refers matters to DRCs to provide abbreviated mediation (ABMEDS) ABMEDs take place at QCAT in Brisbane and at local court houses throughout the state

REFERRALS TO DRC: External agencies (such as Housing, Legal Aid, Police) can provide the contact details of the nearest DRC to anyone interested in utilising the mediation service.

WHAT HAPPENS NEXT? The DRC will call the parties involved Parties explain their concerns and possible outcomes to an Intake Officer Intake Officer assesses file Negotiation of date, time, venue, participants etc. Intake Officer appoints Mediators.

WHAT FEEDBACK WILL YOU RECEIVE? Confidentiality prevents the DRC giving feedback to the referrer. However parties may sign a “Consent to Disclose” which will allow SOME feedback to be given. Lawyers generally do not represent clients

WHERE IS THE INFORMATION ON THE WEB? and-justice-of-the-peace Two headings: Settling a dispute out of court (Mediation Service) Training in Dispute Resolution (Training service and Mediator Accreditation)

HOW CAN WE HELP YOU? Take referrals from clients who are ineligible for legal aid Provide a full intake to ensure mediation is appropriate Refer clients back to you for further advice Answer questions you may have Keep you informed of our services

HOW CAN YOU HELP US? Discuss mediation with your clients where appropriate Explain mediation and how it may assist Prepare a client for a mediation Legal advice before and during mediation Advice and assistance with agreements post mediation

WHERE ARE THE DRCs? Brisbane (South Queensland) Cairns (Far North) Townsville (North) Mackay-Whitsundays Hervey Bay (Wide Bay) Rockhampton (Central)