More Related Content Similar to CPA Dispute Resolution Options (20) 2. A Little About Me
• Nationally Accredited Legal
Mediator.
• Lawyer with MBA Degree.
• 20 years of experience in litigation.
• In 2011, retired from Barnes
Brinsley Shaw partnership in 2012,
and set up SHAW Mediation
Australia in 2013.
• Vision for SHAW is to offer relief by
DR without Courts.
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5. Problems and Disputes Arise
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$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Litigation 1-3 yrs Mediation 1-5 months
6. What Is Mediation?
“A mediation process is a process in which the
participants, with the support of the mediator,
identify issues, develop options, consider
alternatives and make decisions about future
actions and outcomes. The mediator acts as a
third party to support participants to reach their
own decision.”
- National Mediation Accreditation System, Mediator Standards Board
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13. All Types Of Disputes
• Workplace – Internal problems
• Problems with clients
• Business to Business problems
• Your client’s problems
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14. Role of the Mediator
• Offers the process for the way forward
• Assists communications without input
• Remains independent
• Provide a safe environment with ground rules,
timeframes
• Listens, acknowledges, asks the hard questions, reality
tests and reframes
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16. Opening
Parties’
opening comments
Reflection & summary
Issue exploration
Private sessions
Negotiation
(Private sessions)
Agreement
and closure
Agenda setting-
identifying the issues
The Mediation Joint Session
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18. Benefits of a Mediator
Supports and facilitates the role of the HR Manager or
Accountant/s involved by:
• remaining independent without any vested interest in
the outcome
• helps to keep claims smooth, moving forward and
future focused
• asking the hard questions and reality testing
• remains private and confidential, as far as the law
allows
• records the outcome for the relevant people
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19. Red Flags
• Defensiveness
• Allegations about others
• Lack of respect and trust
• Break down in communication
• Lack of understanding
• No progress or clear way forward
• Blame
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Editor's Notes “A mediation process is a process in which the participants, with the support of the mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to support participants to reach their own decision.” Mediation saves time and reduces stress Mediation is cost-effective; saving you money Mediation is future-focused Mediation is private Mediation offers lasting and robust agreements
