Menu
The process whereby an independent and impartial, suitably trained third party (mediator) assists two or more parties to a dispute to develop their own mutually satisfactory solution to their problem.
Mediation is one of the most common methods of alternative dispute resolution. There are many forms and models of mediation. Some focus on the parties’ capacity to develop their own solution to the dispute, with the mediator as a facilitator. In other models, the mediator performs a more advisory role, based on his or her experience, and may provide recommendations.
Mediation should empower the parties and allow them an to take an active role in developing the solution to the problem., rather than subjecting them to the imposition of a decision from a tribunal of fact (such as an arbitrator or a judge) who has no vested interest in the outcome.
Mediation provides parties to dispute with the opportunity to explore an infinite range of options for solution; including solutions, which would not be possible from litigation. We have found that litigation may not always provide the underlying needs of each the parties – even the one who “wins”.
Mediation is generally far less expensive and quicker than legal proceedings. Parties to mediation are not required to ‘prove’ their case or subjected to cross-examination.
Mediation is often the best option for parties to dispute, who, for one reason or another, will have an ongoing relationship (for example, a family dispute, or workplace situation). It provides opportunities for outcomes that are mutually agreeable and which maintain the dignity and reputation of each party.In most cases, any disclosure made or discussion which takes place during mediation is confidential. Parties are generally required to sign a confidentiality agreement prior to the mediation commencing.
The mediator is an impartial third party, who has no vested interest in the outcome. The mediator will generally not provide advice. His or her role is to facilitate the exploration and clarification of issues and to assist the parties to communicate directly with each other.
In some matters, it may be appropriate for the mediator to adopt a more ‘shuttle mediation’ approach, whereby they convey information to each party (who may be in located in separate rooms). This may be suitable in cases where violence has been a factor.
Mediators should be accredited by one of the recognised Dispute Resolution professional bodies. The Australian National Mediator Standards were implemented in January 2008 and mediators must now satisfy these standards in order to the accreditation by a Recognised Mediator Accredited Body.
Click here if you would like us to contact you about mediation or any other dispute resolution process.
Exploresolutions provides investigation and assessment services for a wide range of clients throughout Australia and overseas. Allegations of harassment; bullying; discrimination; assault; and sexual abuse are serious, with potentially significant consequences for all parties concerned. Early and effective independent and impartial investigation of such matters is essential and has been found to prevent, in most cases, an escalation of the conflict, and minimise adverse consequences such as stress; anxiety and financial strain.
Explore solutions has years of experience in investigating conflicts with sensitivity to the needs of all stakeholders, be they individuals or corporate entities. Interviews can be conducted at venues convenient to the parties, with a view to maintaining the privacy and reputations of all concerned.
A full report is provided to the client, which analyses the evidence, outlines findings and offers recommendations, if necessary.
Each member of our team is legally qualified, or has been certified as a commercial investigator. Attention to detail and adherence to the rules of procedural fairness and impartiality is a priority at Explore solutions.
NGOs & Charities, Private Companies, Insurance Companies, Individuals, Small Partnerships, Schools, Government Organisations & Religious Organisations.
Director
Robyn is a lawyer, Nationally Accredited Mediator (NMAS), and qualified investigator, who conducts mediations, arbitrations and investigations in Australia and overseas.
She is a Senior Member of NSW Civil and Administrative Tribunal (NCAT) (Guardianship, Consumer and Commercial, and Administrative and Equal Opportunities Divisions); Senior Member of the Veteran’s Review Board (VRB); and a Senior Member of the ACT Civil and Administrative Tribunal (ACAT).
She has been appointed to the NSW Law Society and District Court Panel of Mediators. She is a former mediator in the Workers Compensation Commission and Facilitator for the Defence Abuse Response Taskforce.
Robyn has twenty years of national and international experience as a mediator, arbitrator and assessor/investigator. She has recognised expertise in investigating and mediating disputes, including those involving civil claims; personal injuries; historical abuse claims; child protection; sexual harassment and assault; commercial disputes; work-place disputes; OHS issues; partnership disputes; issues arising from medical or therapeutic treatment; and the performing arts. Robyn has a particular interest in restorative engagement.
Her clients have included religious organisations; NGOs and charities; insurance companies; schools; private companies; Government organisations; small partnerships and individuals.
Robyn has been chosen as a judge in the International Chamber of Commerce annual Mediation Competition in Paris in 2018, 2019, 2020 and (following a hiatus due to Covid) 2023.
She holds Master and Bachelor degree in Law from University of New South Wales, as well as a Bachelor of Arts (languages) and a Certificate IV in Government Investigation. She had a career of over twenty years as a litigator and partner of a law firm in Sydney and was an accredited specialist in personal injury law for over twenty years.
Tim is an executive coach and consulting psychologist. He is expert at managing staff development and change. He has held executive roles as HR Director at Macquarie University and at the Australian Graduate School of Management for 12 years.
Tim has coached around 300 clients from all levels of leadership in a broad range of industries including the for-profit, not-for-profit, government and university sectors.
Tim’s strength is developmental coaching, with a focus on developing self-insight, removing blockages to performance, developing higher and broader skill sets and moving leaders to develop more flexible and sophisticated thinking and influence styles. Tim works with clients to identify their capabilities, strengths, and develop goals and plans to translate behaviours to achieve these goals. This often involves both building new ways of behaving and cognitive behaviour techniques to identify unhelpful thinking and remove barriers and blockages to adopting new behaviours.
Qualifications/Credentials:
Recommendations:
My Executive Coaching sessions with Tim Sprague were effective and invaluable, creating lasting change and professional growth. Tim’s approach in building capacity rather than providing answers enabled me to develop my own skills which I have taken into my current work. His vast knowledge of complex work environments and his ability to assist me to identify workable solutions made this coaching extremely worthwhile. I have no hesitation in recommending him to you.
Professor Eleanor Milligan PhD.
More recommendations: https://www.linkedin.com/in/tim-sprague-5a8b355/
For more than 20 years Steve Lancken has specialised in facilitating conversations, working full time as a mediator and conflict resolution specialist. He has facilitated over 2,500 mediations, meetings, and conferences in areas as diverse as complex corporate and commercial litigation, health, injury and abuse, insurance, native title, sports, wills and estates, property, rural issues, industrial relations, legal costs disputes and community consultation.
Tribunal appointments include.
Senior Member ACT Civil and Administrative Tribunal (ACAT)
Arbitrator and Mediator Workers Compensation Commission
Member National Sports Tribunal
Arbitrator and mediator, District and Local Court of NSW
Mediator Supreme Court of NSW
Costs Assessor appointed by the Chief Justice of NSW
Over 35 years of professional experience in litigation and mediation has informed Steve’s unique insights and skills about conflict management, dispute resolution and the facilitation of difficult conversations. In 2017 Steve was recognised as “Mediator of the Year” at the Australasian Law Awards.
In addition to conducting mediations, Steve has been engaged as the Chair of several community consultation and public interest groups by organisation such as Transport for NSW and Lend Lease. Steve has worked on public projects such as NorthConnex, WestConnex, Cross City Tunnel and North West Rail. He has worked for the Federal Attorney Generals Department, Family and Community Services, the Department of Planning, Industry and Environment, NSW Treasury, AMP and many other large corporates.
Steve was an accredited facilitator with the Defence Abuse Response Taskforce (DART) offering restorative engagement for the victims of abuse, and has done the same work with institutions such as the Salvation Army, the Professional Standards Office of the Archdiocese of Sydney and Catholic Church Insurance. He is comfortable dealing with interpersonal and employment disputes as well as in the commercial sphere.
Steve began his career in 1981 as a litigation lawyer in Sydney practicing commercial litigation and insolvency, banking and finance, aviation law, insurance, professional indemnity, personal injury, and employment law. He is an Accredited Specialist in Commercial Litigation and Mediation.
Supporting people to have the best possible conversation about difficult issues is Steve’s life passion. Clients of Steve’s practice as a mediator and trainer have included Australia Post, AMP, Salvation Army, Mission Australia, Attorney General’s Department (Cwth), DART, EPA Victoria, Alcoa, The Australian Industrial Relations Commission, Qudos Bank, ASIC, the ACCC and QANTAS.
From 2008 to 2013 Steve was honoured to be a Member of the National Alternative Dispute Resolution Advisory Council appointed by the Attorney General of Australia, the Honourable Robert McClelland MP. Steve is a nationally accredited mediator (NMAS) and works on many high-profile panels of mediators.
Steve is often invited to teach mediation, negotiation, communication and conflict management by organisation including Sydney University, Australian Graduate School of Management (AGSM), College of Law, Marcus Evans Asia, and University of Technology Sydney. Steve has articles published by journals such as The Australian, the Law Society Journal, Lawyers Weekly, academic journals and newsletters.
Contribution to community is an important part of Steve’s life. He works with many organisations including.
Steve Lancken is recognised as one of Australia’s leading ADR professionals. He has worked in Asia, Europe, Africa, North America, and the Middle East.
Andrew Hill is the Principal of Andrew Hill Investigations, specialising in the investigation of allegations of inappropriate behaviour in the workplace. Andrews matters may arise in the private sector, and State and local governments. He is licensed to work in South Australia, the Northern Territory, New South Wales, the Australian Capital Territory and has reciprocal arrangements internationally.
Andrew’s career in investigation began in 1985 when he joined the Criminal Investigation Branch of South Australia Police (SAPOL). In 2000, Andrew resigned from SAPOL to take up a position as an Investigator in the Government Investigations Unit (GIU) of the Crown Solicitor’s Office, Adelaide. He was appointed as Manager of the GIU in 2005 until the disbandment of the unit in 2012. At that time, Andrew established his current practice.
Criminal investigations undertaken whilst in SAPOL included investigation of all levels of assault from common assault to murder; breaking offences; drug offences; robberies and larcenies; and frauds. On joining the GIU, matters for investigation included professional misconduct across the complete spectrum for responsible Boards; Public Sector misbehaviour; civil claims made on government; and such other matters as instructed. Since establishing his own practice, Andrew has investigated public liability insurance claims, general insurance claims, criminal defence matters, and allegations of inappropriate workplace behaviour.
Whilst in SAPOL and the GIU, Andrew’s clients included the South Australian public; State and local government agencies; Boards responsible for the behaviour of professional members; and other parties. Since establishing his own practice, Andrew’s client group has included church organisations; non-government organisations including care providers; insurance companies; solicitors; Federal, State and local governments; and members of the public.
Andrew has been appointed as an Industry Court Assessor for the Security and Investigations Industry Act 1995 (SA) (the Act) since November 2017 and will complete that appointment on 23 May 2023. As an Assessor, Andrew makes himself available to assist in alleged breaches of the Act in the Magistrates Court and the District Court of South Australia. He also has screening clearances to work in the
Disability Services sector; Child-related Employment sector; Vulnerable Person Related sector; and Aged Care sector. His most recent National Police Certificate was issued on 4 July 2017.
As a Justice of the Peace, Andrew provides voluntary services on a rotational basis at the City of Norwood, Payneham and St Peters.
Investigation Experience
Having joined SAPOL in 1978, Andrew performed uniformed police duties until he successfully applied to undertake a Criminal Investigation Branch pre-entry course in 1985. On successfully completing that course, he was posted to the Port Adelaide Criminal Investigation Branch (CIB) in April, 1985. Over the ensuing 15 years, Andrew worked at Port Adelaide, Darlington, Major Crime Task Force, Organised Crime Task Force, and the National Crime Authority. During that time he undertook investigation into the complete gamut of criminal offences including the various degrees of assault, including murder; rape and other sexual assaults; property offences including break-ins, larcenies and robberies; child sexual and physical abuse; and organised crime.
He has been awarded the National Medal, National Police Medal, and the South Australian Police Medal and Bar, for service. He is also a recipient of a National Crime Authority Chairperson’s Certificate and highly commended for duties.
Andrew has also investigated a wide range of matters for government, during his service in the Government Investigations Unit, a unit which conducted investigations not falling within the ambit of police agencies. Many of those matters were commercially or politically sensitive, and required the highest levels of confidentiality.
Additionally, as indicated above, investigations also related to public sector misbehaviour; claims made on government; and investigations for the professional board sector.
Since establishing his own practice, Andrew’s work has included criminal defence enquiries; both public liability and general insurance investigations; enquiries for the Local Government Association of South Australia’s Mutual Liability Scheme; and allegations of inappropriate workplace behaviour in both State government and corporate sector workplaces. He has also investigated matters on the instructions of the Australian Government Solicitor.
Since 2017, Andrew investigated allegations of historical sexual abuse as an Assessor for the Towards Healing procedure of the Catholic Church in South Australia and New South Wales; and as an Investigator instructed by the Australian Government Solicitor for the Department of Home Affairs.
Qualifications
• Diploma of Government (Investigation)
• Certificate IV in Government (Project Management)
• Professional Management Program (Adelaide University School of Business)
• Diploma in Justice Administration
• Certificate IV in Government (Fraud Control Investigation)
• Environment Protection Enforcement Certificate Course
• Police Study Certificate-Senior Sergeant Qualification
• CIB Progressive Course
Professional Awards and Memberships
• Sworn Police Officer – 1979
• Entered Criminal Investigation Branch – 1985
• Justice of the Peace – 2010
• Member Royal Association of Justices South Australia
• Member Australian Labour and Employment Relations Association 2012
• Member Australian Institute of Professional Investigators 2014
• Treasurer Australian Institute of Professional Investigators (SA Chapter) 2014
• Fellow Australian Institute of Professional Investigators 2018
• Former member Police Association
• Former member Public Service Association
• Former member Institute of Public Administration
Current Roles
• Principal – Andrew Hill Investigations
• Justice of the Peace
• Court Industry Assessor
• Treasurer Australian Institute of Professional Investigators (SA Chapter)
Experience
• Detective Investigator 1985 to 2000
• Investigator, Government Investigations Unit 2000 to 2005
• Manager, Government Investigations Unit 2005 to 2012
• Principal, Andrew Hill Investigations 2013 to current
For your further information: http://www.linkedin.com/in/andrew-hill
Lynette Edwards is a Nationally Accredited Mediator (NMAS), Conciliator, Facilitator, and Conflict Resolution professional.
Lynette is a conciliator at the NSW Civil and Administrative Tribunal, Consumer and Commercial Division; a consultant at Negocio Resolutions, and a Director at Voluntas Ltd.
Lynette has mediated and conciliated in hundreds of matters, including amongst directors and stakeholders of sporting federations; global IT companies; partnerships disputes; children’s sport; community groups; consumer and commercial disputes, small business disputes, residential tenancy disputes, motor vehicle disputes, building and construction disputes; workplace employee relations (bullying and harassment, work performance, cultural misunderstandings to applying HR policies and procedures); interpersonal and neighbourhood disputes.
Lynette has mediated locally and with parties across Australia, Europe, Asia and Africa.
Lynette specialises in the management of interpersonal conflict, workplace disharmony and conflict; and facilitates community and public consultation. She offers clients the benefit of over 25 years of diverse experience in government, private and not-for-profit sectors.
Lynette has been a regular presenter and facilitator of round tables and strategy sessions and has been responsible for the smooth conduct of many community meetings. She has been an Independent Chair in public consultations on large infrastructure projects such as NorthConnex and WestConnex|Transurban.
Lynette working career spans the health sector as an orthoptist; IT sector at IBM as a consultant; construction sector as a business and stakeholder engagement manager; a nearly 15-year successful career in government at Transport for NSW, managing wide ranging public consultation processes over the delivery of Opal card to the education sector; and the Small Business Commission as a dispute resolver.
Since 2019 Lynette has been appointed as mediation Judge for the prestigious International Chamber of Commerce (ICC) Mediation Competition in Paris, France. She also judges in other international mediation competitions.
Contributing to Lynette’s success are the extensive years of volunteer service. Lynette currently volunteers with the following organisations:
Some of Lynette’s past volunteering roles include Barnardos Australia, a high school Counsellor, Shine for Kids – Supporting children of an incarcerated parent, Sydney City Mission (now Mission Australia) – supporting Victims of Crime and other trauma.
Having lived in the Middle East, the United Kingdom and now Australia, Lynette brings a unique perspective to resolving conflict.
Lynette has a Bachelor of Applied Science (Orthoptics), and a Post Graduate Diploma Counselling. She is trained in Cinergy® Conflict Management Coaching and is a Professional Member of Resolution Institute.
Dr Tanja Stojadinovic has been working in the sector of sexual, domestic and family violence for a number of years. Tanja has specialised in the area of sexual violence, working with both survivors’ and offenders. Tanja has worked across both Government and Non Government sectors. Most recently she was the Director of Professional Standards for a faith based entity. Her experience with trauma survivors ranges from therapeutic clinical work, management, policy, research, consultancy, training and development. Tanja has extensive experience in providing professional external supervision and debriefing for individuals working with trauma survivors. Tanja is an EAP provider for services working in sexual, domestic and familiy violence. Tanja is also a highly skilled trainer, providing training on Mental Health First Aid, Trauma Informed Practice, Working with Adult Survivor’s of Childhood Sexual Abuse, Intersectional Supervision and Responding to Vicarious Trauma.
Interested in trying alternative dispute resolution and want to find out more?
Please get in touch and we will be happy to provide more information & organise a suitable time to meet you.