The Mediation Experts | Meditation centre
The Mediation Experts
Phone: +61 1800 803 903
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25.01.2022 Blog 5, THE MEDIATION EXPERTS Second Trait Posted March 10, 2014 In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm and Patient.... In this blog, I will address the second of the traits: 2. POSITIVE During mediation, we actively facilitate a conversation between the parties and are always positive about the process and goals. Our role as mediators is to assist the parties and lawyers with discussion of all matters and reach a mutual agreement. We accomplish this by impartially managing the process and reframing issues, concerns, ideas and the like in a positive way. We work with the parties on a future focused positive solution to the problems and concerns.
25.01.2022 Dealing with Challenging Clients and Lawyers: The Four Agreements Farley was once again invited to give a presentation to a medium sized law firm yesterday on dealing with challenging clients and lawyers. Those of you who have met Farley will be familiar with his friendly personality and witty sense of humor which helped ensure everyone stayed involved and intrigued throughout! During this presentation Farley shared a particular secret of his own success as a mediator: ‘Th...e Four Agreements,’ Don Miguel Ruiz’s famous book published in 1997. Farley draws on these four agreements in his day-to-day work as a mediator and in all aspects of his life: The 4 agreements are: 1. Be impeccable with your word 2. Don’t make assumptions 3. Don’t take things personally 4. Always do your best By remembering the 4 agreements and using the points given below Farley maintains that practitioners are more likely to achieve success and relieve stress from both the client and themselves during the mediation process. So remember: Communication is key to building trust and a rapport. Discuss all issues and explain everything clearly. Focus on goals/strategies. Manage expectations. Prepare yourself and the client. Don’t take things personally avoid confrontation. Take regular breaks. Be firm but fair and remain calm, collected and patient. Always work towards a win/win. Remember mediators are humans too. We can all adhere to this advice so let’s move forward smiling, and put these points into action in future work with clients or colleagues alike! Written by Bernadette Fryer, Executive Assistant to Farley S. Tolpen Farley S. Tolpen and The Mediation Experts can be contacted on 1800 803 903 or [email protected] Website: www.TheMediationExperts.com.au See more
23.01.2022 WHY I MEDIATE Someone asked me the other day why am I so passionate about mediation. I thought for a moment and told him that my mission statement as a mediato...r is to leave to world a better place than I found it. What that means is that as an individual, I can help resolve conflict one dispute at a time. I can accomplish this by assisting parties in resolution of the issues/dispute. When this occurs, I am achieving my goals and lessening conflict. It gives me joy. I recently conducted a mediation between relatives who were directors of a business. There were many contentious issues and as a result the business was going through financial problems and staff were quitting. They were starting to think about liquidation. There was a deep amount of mistrust, anger and emotions between the parties. In my initial intake with the parties, both of them said they wanted to resolve the matter, but would prefer if the other quit and just went away. The parties did agree that they would work towards resolution and follow the process. This included listening to each other. The mediation began and the parties immediately started yelling and cursing at each other. I intervened and called a private session with each. I reminded the parties in private of the goal and asked if the still wanted to achieve it. Both said yes and agreed to follow the process and act civilly. It took another 8-9 private sessions to assist the parties to refocus on the goals and objectives of the mediation. Half way through the mediation, we took a lunch break and I met with the parties separately. Both of them were feeling better and believed that the process would work and the resolution would be reached. One of them even laughed at one of my jokes. Finally, by the end of the 9 hour mediation, the parties had reached full agreement and had set a time in several months for a review. Both parties were relieved and thanked the other for resolving the matter. I checked in several weeks later and the parties were working together and it looked like to company was going to survive. In the feedback, one of the parties thanked me for my calmness, patience and ability to allow the parties to have their say and to help the parties achieve the goals. This is why I like my job!!
22.01.2022 I have finished my website and am sending out information to colleagues, business associates and others regarding the services provided by The Mediation Experts. We can help you resolve conflict.
21.01.2022 Blog 10, THE MEDIATION EXPERTS Seventh Trait In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm and Patient. The second trait was Positive. The third trait was Reflective. The fourth trait was Empathy. The Fifth trait was Empowering. The Sixth trait was Impartial. In this blog, I will address the seventh trait: 5. PASSION FOR RESOLVING DISPUTESThe Mediators at The Mediation Experts are passionate about assisting... parties with resolving disputes. They have been mediating disputes for over 20 years and find the process challenging and rewarding. The role of the mediator is to assist the parties in resolution of the dispute/conflict in a civil and respectful way. With resolution occurring almost 90% of the time, the Mediator is passionate and happy when the result is achieved and the parties walk away from the process with resolution. See more
18.01.2022 By Farley Tolpen, CEO http://www.mediationexperts.com.au/blog/ Blog 4, THE MEDIATION EXPERTS First Trait... In my previous blog, I set forth the traits that THE MEDIATION EXPERTS are known for. In this blog, I will address the first of the traits: 1. CALM and PATIENT We understand that this process is difficult for many of the parties and that there are many issues, emotional and otherwise. We work with the parties to help them express their concerns in a civil and respectful manner to each other. We achieve this by being impartial and bringing calmness to the room. We understand that this matter is very important to the parties and that this is an opportunity to set forth all issues. We allow the parties the room and space to express themselves and work towards resolution of the problems in a safe, comfortable environment with fairness to all.
18.01.2022 Blog 7, THE MEDIATION EXPERTS Fourth Trait Posted March 25, 2014 In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm and Patient. The second trait was Positive. The third trait was Reflective. In this blog, I will address the fourth trait:... 2. EMPATHY The mediator provides a process before, during and after mediation whereby the party’s thoughts, feelings and issues are listened to and acknowledged in an understanding, compassionate and sympathetic way. This empowers the parties by giving them the opportunity to be heard in a safe environment and as a result, to move forward toward the goals of resolution. As a result, almost 9 out of 10 mediations reach resolution.
16.01.2022 By Farley Tolpen, CEO http://www.mediationexperts.com.au/blog/ I would like to welcome you to the first blog of The Mediation Experts. On many occasions people have asked why is mediation so important? The purpose of this blog is to set forth the benefits and success of mediation. We shall discuss recent trends, statistics and frequently asked questions regarding mediation and the ultimate goal of resolution.... Mediation is the opportunity for all parties to discuss fully, freely and without judgment in a safe environment, their issues and concerns. It is cost effective and can avoid years and expense of litigation. I recently had a mediation in a family law matter where the parties had been litigating children and property issues for over 5 years. They had had 4 previous mediations and were going to trial in 6 weeks. The parties intensely disliked each other and there was a Domestic Order in place. They hired me to mediate and assist in resolution. They started in separate rooms and did not want to discuss matters together. By the end of the mediation (which took 7 hours), the parties had agreed early on to jointly meet and they had reached a full and complete resolution of the children and property matters. Furthermore, at the end of the mediation, both parties were able to talk and laugh. They thanked me profusely for assisting them with coming together and resolving the matter. Mediation experts mission statement Our commitment is to resolve issues in a timely and economic manner, with a minimum of upset. We assist people to make better choices through understanding, empathy and awareness. Using creative not competitive methods ensures the best chance of a solution that all parties can embrace.
13.01.2022 Successful Mediations with Multiple Parties and Complex Issues By Farley Tolpen, CEO. In the past year, I have mediated several matters involving multiple parties and complex issues. I recently mediated a complex matter involving multiple parties and their lawyers. There was a long history and complicated facts involving international law, deep rooted emotional issues and multiple agreements, both written and oral. If the matter did not resolve, the matter would most likely... have proceeded to trial with huge and long lasting implications. The mediation lasted several days with multiple private sessions and conferences. There was a breakthrough about halfway through the mediation, when several of the parties were able to listen to the other parties underlying issues. They were able to discuss those issues and proceeded to negotiate a resolution to the entire matter. The parties signed the settlement papers prepared by myself with assistance from the lawyers. The parties were happy and relieved that the matter had been resolved and they could move on with their lives. I was satisfied with the way I managed the process and assisted the parties in resolution. In followup the agreement has been finalized and the matter is now completely resolved. See more
11.01.2022 Blog 11, THE MEDIATION EXPERTS Eighth Trait In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm an...d Patient. The second trait was Positive. The third trait was Reflective. The fourth trait was Empathy. The Fifth trait was Empowering. The Sixth trait was Impartial. The Seventh Trait was A Passion for Resolving Disputes. In this blog, I will address the eighth trait: TIMELYThe Mediation process conducted by The Mediation Experts is provided in a timely fashion. Generally, mediations are completed in several weeks, but if necessary, The Mediation Experts can conduct mediation within a couple days. The mediator will work with the schedules of all parties to set the mediation as soon as possible. This can include conducting meditation on a weekend if necessary. The goal is to assist the parties in resolution of the dispute as soon as possible. As a result, almost 90% of the mediations resolve in an agreement.
11.01.2022 Blog 6, THE MEDIATION EXPERTS Third Trait Posted March 16, 2014 In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm and Patient. The second trait was Positive In this blog, I will address the third trait:... 2. REFLECTIVE In mediation, the mediator provides the parties with a thoughtful and self-reflective process for the parties to achieve their goals at mediation. The mediator in a calm, empathetic and thoughtful way reflects back to a party what they have said in a summary and acknowledgment of the experience of the party. This is done in a way in which the party feels empowered and willing to move forward toward the goal of resolution. As a result, almost 9 out of 10 mediations by THE MEDIATION EXPERTS reach resolution.
10.01.2022 Blog 9, THE MEDIATION EXPERTS Sixth Trait In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm and Patient. The second trait was Positive. The third trait was Reflective. The fourth trait was Empathy. The Fifth trait was Empowering. In this blog, I will address the sixth trait:... 5. IMPARTIAL The Mediation Experts provides a mediation process that is unbiased, fair and with no preconceived opinions. The process is fair for the parties as they are the ones who make any agreements. The role of the mediator is not to take sides and to facilitate a process that is fair and balanced for all parties. As a result, each party has the power and ability to set forth their thoughts, experiences, feelings and issues and jointly determine how resolution is achieved.
09.01.2022 Blog 8, THE MEDIATION EXPERTS Fifth Trait In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm and Patient. The second trait was Positive. The third trait was Reflective. The fourth trait was Empathy. In this blog, I will address the fifth trait:... 5. EMPOWERING The mediator provides a safe and compassion mediation process whereby each party has the power and ability to set forth their thoughts, experiences, feelings and issues. This gives each party the opportunity and ability to reach a joint resolution in an equal and safe way. As a result, almost 9 out of 10 mediations reach resolution.
07.01.2022 Blog 12, THE MEDIATION EXPERTS Ninth Trait In my previous blogs, I set forth the traits that THE MEDIATION EXPERTS are known for. The first trait was Calm and Patient. The second trait was Positive. The third trait was Reflective. The fourth trait was Empathy. The Fifth trait was Empowering. The Sixth trait was Impartial. The Seventh Trait was A Passion for Resolving Disputes. The Eighth Trait was Timely. In this blog, I will address the ninth trait: COST EFFECTIVEThe Me...diation process conducted by The Mediation Experts is much less expensive than litigation. A mediation will cost anywhere from $750 to a maximum of $10,000. The average mediation will cost around $2-3,500. Litigation, which can take years to complete, can cost anywhere from $5,000 to a maximum of over 1 million dollars. The average litigation cost is around $80,000. Given that almost 90% of all mediations reach resolution, it is cost effective for The Mediation Experts to mediate the dispute. See more
06.01.2022 Another Successful Mediation By Farley Tolpen, CEO. I recently conducted a mediation between ex-partners who had not spoken in 6 months. There was bitterness a...nd antagonism on both sides. The father had not seen the children during that time and missed them terribly. We started the mediation process as a shuttle mediation. About 2 hours into the mediation, they agreed to come into the same room together to discuss the children and the communication. They ended up with a full agreement and the father was going directly from the mediation to see the children. Both parties were happy. One party wrote Services were excellent. Farley was very professional in all aspects of the session. (Farley was) Punctual, clear and concise about his background and role as a mediator and also clear about the roles and guidelines of the session. (It was a) Very good outcome from the session. The other party wrote that The session was very helpful and a smooth process. There was open communication and reliable advice given. It was a pleasure managing the process and assisting the parties in resolving their differences. See more
06.01.2022 SUCCESSFUL MEDIATION WITHOUT RESOLUTION. While a large majority (around 90%) of all mediations resolve, some do not. I recently mediated a commercial matter wit...h multiple parties and complex issues. While we did not resolve the matter in its entirety, the parties managed to resolve several issues. The parties also may return upon investigation of other issues. One of the parties stated that he had found the mediation to be "fair and impartial" and that they were given the opportunity to set forth their positions. Another party who was not happy with the final result, thanked me for "running a fair and impartial process". As a mediator, I found the mediation to be successful as the parties resolved some of the issues, narrowed the remaining issues and agreed to possibly come back to mediation. It was also nice to hear that the parties were satisfied with the mediation services provided. In all it was a good result. See more
04.01.2022 Blog 13, THE MEDIATION EXPERTS The satisfied Client and Parties We recently conducted a Brisbane Mediation regarding a matter between 2 mid-level employees. It was a very difficult matter with a long history of conflict, co-workers taking sides and one accusing the other of bullying and harassment. The employer informed us that mediation was the company’s last attempt to resolve the problems. If the matter did not resolve at mediation, the employer was going to fire one or ...both parties. Both parties presented as very emotional, angry, bitter and positional. I did however find the parties individually to be nice people who wanted to resolve the issues between them. While they were difficult clients, we were able to slowly work through the issues. I found that managing the process was intriguing and hard work to keep the parties focused on the ultimate goal of resolution. After 6 hours, with several breaks and private sessions, the parties were able to reach a full agreement. It was wonderful to watch as the parties at the end were talking to each other about plans, ideas and strategies for the company. I was given authority to speak with the employer afterwards and the company was relieved that the conflict was over and the employees had resolved it. I left the premises exhausted but feeling happy as I had assisted parties and clients in resolving conflict. I enjoy my job. See more
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