The Process of Mediation

The benefits of having an impartial mediator include the ability to reduce the risk of confrontation, to provide a moderating influence and to provide summaries of points made and positions reached.

KG Mediation has experience in facilitating dialogue in a diverse range of demanding situations. We have a unique skill-set combining extensive mediator practice, professional background and industry knowledge.

Our mediation processes are designed to fit the needs of their users. The aim of a neutral mediator may be to:

• Enable finality – a decision, action plan or agreement
• Deliberately plan for open-ended dialogue, where the process allows voices to be heard and issues raised, enable the next steps to be taken or devises a framework for future action
• Be the sole process used or to combine with other dispute resolution techniques such as adjudication or arbitration.

Unlike arbitration or court, mediation is a less formal meeting where an impartial mediator encourages parties to consider various related issues to the dispute. The process includes time spent individually with each party and where appropriate a collective discussion so each may consider the others position.

The process requires a diplomatic approach by the parties and an open mind to consider the other parties concerns.

Mediation is moving closer to being an obligation to undertake in the British Justice System pre court; and we are seeing signs of a more mandatory mediation model developing. Indeed the Civil Procedure Rules part 1 encourages mediation prior to court if appropriate; and in 2011 the Ministry of Justice issued a press release indicating an increase in future use of mediation and suggested an automatic referral to mediation prior to court.