Tim Hill is available to assist in the mediation or arbitration of disputes.  To this role he brings his 25 years experience acting for clients in commercial disputes and personal injury claims, and his 7 years experience as Registrar of Bankruptcy adjudicating cases in the bankruptcy court.

Mediation

It is important to recognize that mediation is a voluntary settlement negotiation.  The mediator has no decision-making power.  Mediation only works where both sides of the dispute genuinely wish to seek a resolution, and where both sides are prepared to compromise where appropriate.

Effective mediation is focused on the needs of the parties, rather than the positions they might take in an adversarial dispute resolution process. Those needs might include:

• substantive – needs such as money, control or resources
• procedural – needs relating to the process or the way in which a dispute is resolved
• psychological – needs relating to feelings or emotions about the issue.
 
Needs are the driving force behind every dispute. The taking of a position is only one way of attempting to meet those needs. As a mediator it is Tim’s task try to get the parties to consider needs rather than positions. By looking at those underlying needs, parties can think outside the box and explore different options for settlement.

In any mediation the selection of a mediator is a first key step. There are no universally recognized certification processes for mediators.  Selection should be based on the proposed mediator’s training and experience.  Consider the advice of your lawyer when selecting a mediator.  He or she is bound to be more familiar with the background of potential mediators.

Arbitration

In arbitration the opposing parties present their case to a third party (the arbitrator) who examines all the evidence and makes a decision. This decision is binding, and can be ultimately enforced by a court judgment.  The process is adversarial, similar to a court process, but usually less formal.

As in the court process, arbitration outcomes usually have a winner and loser.
 
The main benefit of arbitration to the party is usually time and cost i.e. arbitration can typically be much quicker and cheaper than resolving a dispute using the formal court process.

As with mediation, consider the advice of your lawyer when selecting an arbitrator to ensure the arbitrator has a solid background in the area of law pertaining to the dispute.