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This page has information about the things you should think about when you are considering mediation. It also looks at when mediation may be compulsory, or not appropriate.
Case study - Lynette and Fiona
Lynette and Fiona are neighbours. Lynette has a large vegetable garden that she keeps caterpillar-free with pest sprays. Fiona does not like Lynette using sprays as they drift into her own garden, which she uses to grow organic vegetables for sale at the local markets. Last week Lynette and Fiona got into an argument, it became heated and soon they were shouting at each over the fence.Both Lynette and Fiona are very upset but neither of them can see a way to fix the problem. Fiona suggests they try mediation.
In some situations, you might be expected to try mediation before a court will consider your case.
If you have been ordered to attend mediation, but you don't think that it is right for your dispute, you should talk to your mediator and get
Case study - Stephen and Boris
Stephen and Boris work together at a large widget factory. Stephen and Boris got into a heated argument at their work Christmas party. The next day Boris made an application for an Apprehended Violence Order. Stephen responded by making his own application for an AVO.At the first listed date in the Local Court, the magistrate asked Stephen and Boris to try mediation.
Mediation may not be right for every case. Even when mediation is meant to be compulsory (like Family Dispute Resolution) there are exceptions. For example, mediation may not be the right choice for you:
If you are not sure if mediation is the right choice for you, you should get