What is Mediation
Mediation is about enabling people to achieve their own resolution of their disputes so they can 'move on' with their lives free of the burden of being involved in conflict.
It is a private, voluntary and confidential process where people in dispute meet to sort out their differences with the help of a mediator. By each person having their say, the mediation allows all those involved the opportunity to get an understanding of each other’s point of view followed by constructive exploration of options for resolution facilitated by the mediator.
What are the key benefits of mediation?
You keep control
Because the mediator has no power to decide or to impose a decision, each person at the mediation maintains control over what will happen. Nothing is agreed unless all involved agree.
Avoids high costs
Avoids the high financial, and also the high emotional, costs associated with litigating in court or arbitration.
It is private & confidential
Mediation ensures privacy, confidentiality and respect for the personal and/or commercial affairs of the parties. In mediation (unlike in most court proceedings), the personal affairs of the parties are dealt with in private and so never become anyone else’s business.
Mediation is low risk
No party has to change their position unless they agree to do so.
Mediation allows the parties to set their own pace
At mediation the parties set their own timetable as to when they will have it; which gives the opportunity to resolve disputes more speedily than could be achieved otherwise.
What is the role of the mediator?
The role of the mediator is to:
- Create an environment where the parties are able to talk constructively about their differences.
- Ensure that each party has the opportunity to have their say.
- Help to identify the important matters for each party.
- Facilitate constructive discussion about the issues of concern of any party.
- Explore with the parties and their representatives options for settlement.
The role of the mediator is entirely independent and impartial at all times.
What happens at the end of the mediation?
If a settlement is reached:
…an agreement is written up at the end of the mediation and signed as an enforceable contract. As a result all parties are better off and each party can get on with their own lives.
If no agreement is reached:
…then neither party is worse off as a result. Even in a mediation where a settlement is not achieved the parties will at least end up having a much better appreciation of where the other party is coming from which can be very useful for all involved in terms of the possibility of settlement at a later date or even in preparation for court proceedings.