mediation explained

Mediation is a voluntary process in which a third-party neutral assists in resolving a dispute between two or more other parties. It is a non-adversarial approach to conflict resolution.
The role of the mediator; is to manage the process, by facilitating, encouraging, and focusing on the real issues of the dispute. The mediate will may also challenge and reality test each party in the interest of securing a workable and sustainable agreement / resolution.
The dispute belongs to parties and the role of the mediator is to empower them to make their own decisions. At no time does a mediator coerce a party into agreement / resolution or make a substantive decision for any participant.

Different types of Mediation;
Mediation can assist in all disputes, however it is normally broken into the follow sectors, and most mediators are cross skilled, however some Mediator tend to focus on just one area, or mediation.

  1. Family.
  2. Civil and Commercial.
  3. Organisation and Workplace
  4. Community.

 

Reasons to Mediate.

Cost effective; Mediation is a cost efficient means of resolving differences, and avoids the uncertainty of a judicial outcome. However in some case’s (family, Commercial, and perhaps workplace) parties may wish to engage with legal representative to formalize there agreements.
 Time efficient; Mediation response quickly to the parties needs, and the process can be put in place very quickly.
Information; Mediation assisting in clarifying the issues, and the parties usually find that when they are more informed enabling them to decide for themselves, their own outcome. 
Flexibility - Mediation is flexible to the needs of the parties. This flexibility can include hours of practice, venues, etc.

Private Settlement - The settlement terms remain confidential to the parties and to the mediator, unless they agree otherwise.

Without Prejudice - Information learnt through the process cannot be used in any litigation, tribunal, hearing, grievance procedure or similar process.

 

It is important to know that mediation does not work for everyone, and every situation, however must parties will benefit from the process, even if there is not a solution or agreement reached.