What is Mediation?
Mediation is a well-established process where parties meet, discuss and negotiate their way out of dispute.
The term “mediation” broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that ordinary negotiation lacks. The mediator acts as a neutral third party and facilitates rather than directs the process
Mediation is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with proven effect. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Parties may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
Mediation is generally more cost effective and productive than going to court. It is a flexible tool that can be used to prevent problems and disagreements from becoming worse.
Mediation is based on the following Principles:
- Collaborative problem solving between parties in dispute to reach an amicable win-win resolution accepted by those involved.
- A focus heavily on rebuilding relationships, with an emphasis on the future, moving past portioning blame.
The Approach to Mediation:
- Asking those involved to look at their own behaviour and think about how they can contribute to putting things right.
- Practical solutions to benefit all parties, for example future ‘trading out of disputes’.
- Rebuilding relationships for the future; as opposed to the hostility that exists in a more formal environment.