What is Mediation
Mediation is a long established method of resolving disputes between people. It is a voluntary process in which the parties to the dispute are helped to reach a solution to their difficulties by an independent and neutral mediator. There are many ways to respond to a dispute: avoiding; ignoring; threatening; going to court; negotiating; instructing a Solicitor. Asking a third party to mediate is another alternative.
Quick, Cost-Effective and Flexible
It can be a quick process and is also cost-effective for the parties involved in the dispute. It is a flexible process with the parties in ultimate control of the decision to settle and the terms of resolution.
When Does it Work
Mediation is more likely to resolve a conflict where participants want a change or resolution, and they are able to express the reasons for their distress. It is also important that the mediator can control and sustain the process.
When Does it Not Work
If someone is determined to keep a conflict going even the most obvious solutions will not work and this is why we have recourse to a legal profession and a formal judicial system. A mediator will make sure that each person is heard and each is protected within the process but it may be necessary to pause mediation until a person clarifies their legal rights and obligations with their Solicitor/Law Centre or seeks the opinion of a Barrister.
The Mediation Process
Mediation is a process where a neutral and independent person helps the parties negotiate a settlement. Mediators facilitate a process, they do not determine the truth or who is at fault. The structured mediation process is designed for resolving workplace conflicts, relationship conflicts and those that arise in our communities. The process is flexible but generally includes the following steps:
- Pre-mediation conference
- Mutual Exchange of Documents through Mediator (if agreed)
- Opening statements
- Uninterrupted Time
- The Exchange (discussion)
- Setting the Agenda
- Building the Agreement
- Writing the Agreement
- Closing Statement
How to Prepare for Mediation
Preparation is essential to get the very best from mediation. Join our mailing list by scrolling to the bottom of any page for our free high-quality guidebooks including ‘Guide to Mediation’ to help you understand what is mediation, its benefits and how best to prepare.
If you want to move on from a dispute or see it in a different light telephone us now on 087 2055 475 for an appointment or email us at firstname.lastname@example.org