IN CONFLICT? ... WANT TO WIN?
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Conflict Resolution & Dispute Mediation Services
Alternative Dispute Resolution for Home, Work & Community
- Range of Services and Team Members
- Why all this Conflict and Dispute?
- What is Mediation?
- Why Mediate & Not Litigate?
- What Disputes Are Suitable For Mediation?
- Is Training Available?
- Professional Profiles - W.A. and Other States
domestic & family disputes |
consumer disputes |
property disputes |
couple & relationship disputes |
commercial & industrial disputes |
neighbour & community disputes |
harassment claims |
employer/employee disputes |
environmental issues |
gender orientated |
student/teacher disputes |
racial issues |
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Why all this Conflict and Dispute?
Conflicts are inevitable both in domestic relationships and in the workplace. Conflict is popularly equated with fighting, and is seen to be destructive and undesirable, but it can be creative, promoting new ideas and better understanding, strengthening personal relationships and facilitating more effective solutions to problems, both at home and at work.There are a number of approaches to handling a conflict, but the most desirable is the win/win approach which always aims for an outcome that satisfies all the participants.
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What is Mediation?
Mediation is a non adversarial dispute resolution process, by which two or more people in conflict, employ an independent, impartial and neutral third person trained in mediation, to discuss in confidence ways in which their conflict or dispute may be amicably resolved with mutually beneficial Win/Win outcomes (not the usual "I win, You Loose" but "I Win, You Win"). As legal costs continue to escalate more people are turning to Mediation, a faster, easier, friendlier yet powerful, cost effective alternative to litigation. Mediation unlike the adversarial Court system, seeks to neutralize not escalate conflict. It is a private, voluntary, cooperative approach that works 90% of the time!Unlike a judge or arbitrator, the mediator does not decide the outcome of the dispute. The mediator helps both parties find their own solutions & does not impose or make binding decisions. This method can be used for any dispute. If mediation is successful, the parties usually enter into a written agreement setting out the terms of their settlement. This agreement would then be enforceable through the court system should either party not honour it. Mediation should be your first choice, not last resort. Use it before commencing legal proceedings.
"The existing judicial system is too costly; too painful, too destructive, too inefficient for a truly civilized people".
( U.S. Supreme Court Justice Warren E. Burger.)
"You will be surprised to learn how much less Mediation costs than, for example, court litigation which can be lengthy and expensive, even for the winner."
- Law Society of WA.
Mediation, where a neutral person actively assists parties in working towards a negotiated agreement, has become popular in a wide variety of disputes. Courts now actively encourage parties to consider its use.
While engagement in mediation is voluntary, refusal to mediate can give rise to costs sanctions. Once at mediation, continued participation is always voluntary. The process is confidential and 'without prejudice' (nothing said in the mediation is admissible as evidence in legal proceedings). Any settlement reached becomes binding once it is put into writing and signed by the parties. If parties cannot agree a settlement they are free to arbitrate or litigate.
[ GO TO TOP ]Why Mediate & Not Litigate?
Mediation has several important advantages over court litigation and arbitration processes:
- Mediation allows people in conflict to decide what is important to them and then develop their own options for reaching a solution to their problems.
- During Mediation, people in conflict can negotiate and bargain easily and directly without going through a third party. e.g. a lawyer.
- In Mediation, both parties can "win" because agreements reached are their own solutions, not strict legal solutions.
- Details of the dispute remain private and confidential.
- Mediation is particularly useful in conflicts where the disputing parties are likely to have on-going business or personal relationships.
Some other advantages are:-
* Successful - over 70 per cent of cases referred to CRDMS settle.
* Quick - most mediations are arranged within a few weeks (and can be arranged even more quickly) and
the formal mediation session usually lasts for one half up to two days only.
* Cost effective - compared with litigation processes, mediation is a less expensive route to resolving disputes.
* Gives parties control over the process and the outcome. You can choose whether or not to settle the dispute.
* Mediation can run alongside litigation or you may prefer to put the litigation process 'on hold' while you mediate.
* Mediation can maintain business relationships far more effectively than litigation.
* A wide variety of settlement options can be achieved in mediation over and above monetary settlements.
* Informal and flexible - we are experienced at adapting the process to suit our clients' needs.
What Disputes Are Suitable For Mediation?
As a general rule all types of conflicts are suitable for mediation, for example:
- family disputes including separation, divorce, defacto relationships, custody of children, property and financial agreements
- juvenile issues
- ownership of property disputes
- finance problems e.g. with banks
- personal injury disputes
- disputes between neighbours including dividing fences
- damage to property
- deceased estates
- claims claims against insurance companies
- landlord and tenants and housing disputes
- debt collections corporate business
- management issues
- employment and industrial disputes employer/employee disputes
- harassment claims
- commercial disputes
- disputes between traders
- consumer disputes
- racial issues
- gender orientated
- environmental issues
Is Training Available?
Yes! CRDMS runs accredited training programmes, including:
- Everyone Can Win ... Skills of Conflict Resolution
- Do-It-Yourself Mediation
- Mediation For Managers
- Resolving Workplace Conflict
- Grievance Handling And Conflict Management
- Dealing With Difficult People
- Negotiation Skills
- Practical Communication
- and many more ...
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Professional Profiles - W.A.
Denis McCarthy
Denis McCarthy,
psychologist {M.Applied Psych.(Clinical & Occupational), BA
Hons Psych (Murdoch)}, and principal of Conflict Resolution and
Dispute Mediation Services (CRDMS), also has qualifications in
teaching (Dip.Ed.), training, conflict resolution and mediation,
from several professional bodies (LEADR, UNAA, TAFE TOTS, Mediation
Training International Institute). He has over 20 years experience
as a group facilitator, counsellor, trainer and therapist, including
in the areas of domestic and workplace violence, sexual assault/abuse,
stress management and trauma therapy. After completing the UNAA's
Conflict Resolution training in 1987 he has worked as CR/DM consultant
to Australian business, government, NGOs and individuals. He is
also a qualified mediator and has completed the LEADR (Lawyers
Engaged in Dispute Resolution) Advanced Mediation Training in
Family Mediation & Interpersonal Disputes. He has trained
with Dr Jeffrey Mitchell in crisis intervention, critical incident
stress management and debriefing, consulting widely in these areas.
Since 1980 he has owned and successfully managed small businesses
and is member of several professional bodies including the Australian
Institute of Management, Australian Human Resources Institute,
Australian Institute of Training & Development, Conflict Resolution
Network, and the Society of Professionals In Dispute Resolution.
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Josie Brown
Josie Brown, organizational psychologist {M.A., Psychology, University of Edinburgh} first met Denis McCarthy in 1996 through their joint alliance with Wilson Banwell Pty Ltd, a global company specializing in organizational psychology and EAPs, and subsequently joined Conflict Resolution & Dispute Mediation Services' team of associates, contributing her tremendous skill and enthusiasm for mediation.Josie completed her Master of Arts psychology degree in 1976 and the following year joined Technical Education Department of WA as a vocational counsellor. Then in 1980 she returned to Scotland where she became director the Edinburgh and District Council on Addictions. This led to work as EAP program coordinator (Westrail, 85-86), HR Manager (Horwath & Horwath, 86-87), Senior Personnel Development Officer (Woodside Offshore Petroleum, 87-91) and OD consultant (Exxon Coal and Minerals, 1992). Josie's move to freelance consultant in 1993 was an inevitable outcome of her very high level of skills, experience and knowledge in the areas of change management, strategic planning, performance management, quality and business process improvement, training and development, facilitation and work place mediation.
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Martin Dempsey
Martin Dempsey, psychologist, mediator and management consultant {M.B.A. (Univ Tech, Sydney), B. Psych (UWA), Dip App. Sci. (Media)}, is a highly experienced consultant and trainer in conflict resolution and dispute mediation. After completing his Psycholgy degree in 1979, Martin worked in a number of management and consulting roles, including consulting psychologist for Beilby Management Services (1989), the Department of Employment Education and Training (1983) and the Community Initiatives Centre in Fremantle (1983). During 1990-1993 he was Senior Manager for the National Australasian Bank (WA) and handled all grievances in the business and rural portfolios in WA. Between 1994-1996 he was post-graduate representative on several Edith Cowan University committees, plus the Faculty of Business Board and the Academic Board, where he gained recognition as a facilitator in appeal and dispute situations, and particularly those involving international students. In 1996 he travelled to Sydney where he completed his Master's thesis on "Commercial Dispute Resolution and Advanced Mediation in Australia". In 1997 he became a member of the Citizen Advice Bureau WA Inc's team of mediators and currently sits on their Board. In 1997 he formed the Independent Centre for Conflict Management and consults widely to industry and government. In 1998 he founded the Mediation Alliance Project of Australia.
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Cheryl Lange
Cheryl Lange, Ph.D. has been involved in a variety of social change activities since the late 1970s. Her Anthropology doctorate, completed in 1995, examined social change movements, focusing on The Greens W.A. Since the 1980s she has trained, facilitated and consulted in conflict resolution, group process, organizational change, staff and community development. Cheryl has completed the LEADR (Lawyers Engaged in Dispute Resolution) Advanced Mediation Training in Family Mediation & Interpersonal Disputes. She has done post-doctoral research at the University of W.A. and is involved in a several University research projects. Dr Lange has over 25 years experience working with ethnic communities and advocating multiculturalism.. She is available for consultancy work in her areas of expertise.
Linda Saveramutto
Linda Saveramutto, B.A. (Law), graduated from the Sri Lanka Law College and was admitted as an Attorney at Law. She moved to Australia in 1988 and was admitted as a Solicitor in 1991. She has worked at the Gosnells Community Legal Centre, specializing in Family Law, including Child Support, since 1992. In 1997 Linda completed Mediation Training and contributes her valuable legal expertise to family and marital dispute mediation.
Paul Llewellyn
Paul Llewellyn, (B.Sc, M.Sc.) is an environmental scientist, strategic and community planner, educator and change agent. He is a very experienced, excellent and enthusiastic group facilitator. During the 1970s he led training groups on nonviolence theory and practice, conflict resolution, dispute mediation and is still active in many green development issues.
Pam Rumble
Pam Rumble, is
an experienced trainer and has consulted widely on group process,
nonviolence, communication, and conflict resolution skills. Since
the 1980s Pam has been a proactive leader in groups such as Groundswell
Nonviolence Training Collective, the Greens WA and others. She
works for the Health Department in Albany and continues to work
for positive social change.
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Professional Profiles - Other States
Andrew Donovan
Andrew Donovan, B. Commerce (A.N.U.) is a highly skilled group facilitator. He has six years of experience in strategic planning, team development, community consultation, human resources and organisational change. Andrew has worked with business, government and non-government organisations in many sectors including vocational and adult education, health and community services, environment, federal politics and finance. Andrew is based in Melbourne, periodically works in Perth, Canberra and Sydney, and travels widely.
Synergetics MC provides a comprehensive range of expert psychological services to enhance effectiveness of organizations and individuals. We provide high quality consulting advice for the following key organizational functions:-
- Organizational Design & Development >>
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Our Mission: To provide a comprehensive range of expert psychological services
in order to enhance the effectiveness of organizations and individuals.
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