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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.
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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.
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.
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.