About mediation
Mediation is a primary dispute resolution method whereby parties in dispute can meet in the presence of independent and neutral mediators to resolve disputes between parties and negotiate a fair and workable outcome.
The first point of contact for mediation will be the City’s Customer Relations Advocate, and the process will be coordinated and conducted by the Citizens Advice Bureau (CAB). The mediation process is guided by two experienced and professionally qualified mediators.
Types of issues that can be mediated
Examples of issues that can be mediated include:
- dividing fences
- encroaching roots and branches
- dog ownership
- public nuisance disputes
- cars and car parking problems
- harassment.
How does mediation work
Mediators are trained to ensure that the mediation process provides assistance to parties to:
- State their case without interruption.
- Define specific issues in dispute.
- Work through key issues by:
- gaining an understanding of the other party’s point of view
- considering options
- using problem-solving techniques
- explore areas of agreement
- formulate a written agreement in their own words. Mediation is focused on the future process and outcomes and does not place blame or find guilt.
The outcome reached is a written agreement. The agreement is not legally binding; however, the agreement can be used as evidence in court should this be necessary at a later date. Mediators have no power of decision-making and do not impose their decisions or judgements but will remain impartial and neutral throughout the process. Mediation is confidential.
Frequently asked questions
The role of the mediators is to provide the parties with an opportunity to discuss their side of the issue, and to help them define the issue/s in dispute. The parties are then assisted to consider options for the future and to reach solutions that may resolve the issue/s in a way that is agreeable to both parties.
No, undertaking mediation is completely voluntary. However, it is strongly encouraged due to its success in reaching positive outcomes for parties in dispute over matters that might otherwise lead to further disagreement or court proceedings.
Mediation is provided to residents and ratepayers of the City of Joondalup free of charge.
Contact the City’s Customer Relations Advocate on 9400 4000 who will discuss the issues or dispute with you. You will be asked questions regarding the issues from your perspective and the history of actions taken to date.
The City will then make contact with the other party or parties involved to offer mediation.
Mediation is voluntary; however, where issues exist between parties, or there is neighbourly disharmony, mediation is a very effective method of working through the issues to reach positive outcomes. Should you accept, the City will progress the mediation request to the Citizens Advice Bureau.
Once both parties have agreed to mediation, they will receive a letter in the mail from the Citizens Advice Bureau detailing the process.
Separate pre-mediation appointments will be arranged for each party. This interview is an opportunity to discuss your specific issues without the other party present.
During pre-mediation, you can ask any questions you may have and raise any matters you are unsure about. The mediator will explain how mediation works so that you are fully prepared.
Following the pre-mediation interviews, the next step is to make an appointment for the mediation. It will be in this meeting that all parties attend together in the presence of two mediators.
The Citizens Advice Bureau uses a co-mediation model, whereby two mediators are present (usually one of each gender) to ensure balance and impartiality.