Mediation
Mediation involves the parties arriving at their own negotiated settlement – with a mediator guiding the process. Mediation is a confidential process that empowers the parties to resolve the dispute on terms they find mutually satisfactory. Mediation is a process where an independent, neutral assists two (or more) disputants in reaching an agreement by facilitating negotiations between them.
The parties themselves determine the conditions of any settlements reached – rather than accepting a decision imposed by a third party (such as an arbitrator or a judge). Disputes may involve companies, organizations, communities, individuals or other representatives with a vested interest in the outcome.
Mediators use appropriate techniques and skills to open and improve dialogue between the parties, aiming to assist the parties reach an agreement on the disputed issues. Experience has shown that active participation and dialogue of the parties is essential to reaching resolution.
How does Mediation work?
A consultation is held with the prospective mediator where parties may inquire about
any background, training or experience the mediator may have for the appropriate type of dispute. The parties must assure themselves the individual chosen as mediator has the right qualifications and will conduct the type of mediation required (i.e. facilitative, interest based, evaluative, etc.).
After a suitable candidate is chosen and prior to the commencement of the mediation, the matter of fees, timing, as well as any other specifics are discussed and an Agreement to Mediate is drawn up and signed by all parties and mediator. The mediator will hold pre-mediation meetings with each party to determine the issues and what needs to be resolved.
At the commencement of the joint session, the issues in dispute are listed and the parties move forward with the assistance of the mediator to unpack their stories and details surrounding the dispute. The mediator will facilitate a respectful discussion and encourage direct communication between the parties. Thereafter, the parties will brainstorm options for solutions and ultimately decide on agreeable terms they find mutually satisfactory. The mediator does not make a decision for the parties. The mediation is non binding however, an agreement can be prepared and signed.
Why Use Mediation?
The dominant reasons for using mediation is a substantial savings in cost and
time compared to litigation. Mediations can take a day or a few sessions depending on the issues to be resolved. This process and outcome is confidential and private from the public and
competitors. It is chosen as it preserves business relationships by focusing on the issues rather than the personalities. There is a high level of satisfaction, as parties get to the core of the dispute and typically have a 75 % rate of resolution.