- August 2018
- Posted By Chris Pike
- 0 Comments
What is mediation?
Mediation is an informal and flexible process of dispute resolution in which a third party (the mediator) meets with the parties in dispute, separately and in joint sessions, to identify a mutually acceptable and appropriate resolution. Mediation is a voluntary, non-binding, confidential process which addresses the underlying causes of conflict or tension. The final outcome of mediation is agreed by the parties, not the mediator.
What is the role of the mediator?
A mediator’s role is to guide the parties toward their own resolution. A mediator is independent and impartial and does not judge who is right or wrong or impose a settlement or solution.
The mediator listens to what all parties say and explores how the parties feel, what their concerns are and what their underlying needs are. A mediator may ask the parties challenging and difficult questions relating to the nature of the conflict, the impact of the conflict and the steps required to reach a resolution.
A mediator will maintain confidentiality throughout the process and will only share information between the parties if this is expressly agreed.
Where does mediation happen?
A mediation takes place in a neutral venue. Each party will have their own room and there will be a separate room for joint meetings. If the mediation is successful a signed agreement will be given to each party.
Does mediation really work?
Yes, it is reported that over 90% of cases achieve a resolution. However, for the mediation to work it requires a commitment from all parties. By entering into mediation with the right mindset, with a willingness to listen to each other, to be mutually respectful, to challenge and be challenged and to seek a new way of working together, there is every chance that mediation will work.