Mediation
What is Mediation?
Mediation simply put is a voluntary, non-binding (until agreement is reached) without prejudice method of resolving disputes. Information is shared with a neutral individual who facilitates the parties in dispute in the negotiation of a settlement.
“The notion that most people want black-robed judges, well-dressed lawyers, and fine panelled courtrooms as the setting to resolve their dispute is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.”
Warren E. Burger –
former Chief Justice United States Supreme Court
Mediation can:
- be applied to virtually any situation where two or more parties have differences they cannot resolve themselves.
- involve just two parties or several or many participants.
- resolve simple, single issue disputes or complex, multifaceted disputes.
- be applied to commercial, legal, community, workplace and family disputes.
- resolve even a difficult dispute in a short space of time.
- involve the parties meeting directly but doesn’t have to.
Where Does Mediation Work Well?
- Where a dispute may be prolonged in another process,
- Where the parties need to work together in the future
- Where the Parties cannot risk major legal costs
- Where the parties want a solution without adversity
- Internal: Between Owners, Members, Managers, Staff in Organisations
- External: With Suppliers, Customers, Creditors, Debtors, Agencies
- Within Communities, between Communities and other organisations
The Mediation Process:
- Mediation usually begins with a joint session where the Mediator explains the process and invites each party to present their views of the dispute briefly
- The Mediator meets with the individuals to the dispute privately.
- Private meetings are absolutely confidential.
- The Mediator will seek to establish areas of common ground and provide the parties with the opportunity to explore the proposals for a viable settlement.
- When agreement is reached it is formalised.