Facilitation - what is Facilitation?

Facilitation is a form of mediation, used when one or more difficult negotiations need to be conducted during which a
dispute may possibly, or is even likely, to occur.

For example, a case where a mining company is about to explore on land which is owned by a farmer. The miner may have the
legal right to enter the property and commence exploration without the farmer’s prior approval but recognises that friendly
negotiation first is likely to make the process more comfortable for both parties.

In Facilitation, mediation techniques are still applied, and often can overcome difficulties in the relationship before they occur.
Because problems can be experienced by either or both parties during the course of the relationship between them, Mediation
Australia can continue with the Facilitation service by being retained by the parties to be called upon whenever needed until
the project is completed.

Are Facilitation fees different from Mediation fees?

The Facilitation fees are often shared between the parties, as in the case of the mediation of a dispute, but in cases where there exists a more significant financial advantage for one party than the other, it is common for the first party to pay all of the fees. Never-the-less, the mediating Facilitator will conduct negotiations in a manner which is neutral.

If, in this example, the miner had preferred the negotiations to be conducted with his or her interests prevailing, then our Advocacy service is more appropriately used. However, the use of the neutral Facilitation mediation process demonstrates to the weaker party that complete fairness is of paramount importance. The fees charged are the same as for Mediation. Please call us for details.

In what way does the mediating Facilitator operate differently
from a Mediator mediating a dispute?

Actually there is little difference, but in the case of Facilitation, no dispute has yet occurred; the parties are just anticipating that the circumstances are such that one or more may well occur.

So the Facilitator tries to establish from both parties, as far as is possible, all of the areas of potential concern. This is a very healthy approach to assisting the parties to reach a good working relationship for their future mutual benefit.

Even in family situations, Facilitation can be used, for example, when teenagers are reaching the stage of possibly, if not probably, disagreeing with their parents over many issues. It is so much easier to discuss “what-if” arrangements to resolve situations that have not yet occurred.

For when such matters are negotiated before they occur, instead of during the heat of the event, it is much more likely that the quality of the relationship and the outcome of future communication between teenagers and parents can be optimised.

Difficult? Most definitely, but that is the essence of the value of Facilitation.