What is mediation?
Mediation is a process in which the participants, with the support of an mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to assist the participants to reach their decision.
A mediator is impartial, neutral and unbiased. Therefore, a person who is engaged to represent 'one' party (such as a lawyer representing and advising 'one' party) cannot 'mediate' for the parties, as this would represent a bias and 'conflict of interest'. However, 'one' party can have an initial meeting with a mediator; after which the mediator may contact and invite the 'other' party to have an initial meeting, prior to joint mediation commencing. A mediator does not takes sides, represent or favour any one party.
Mediation is a confidential process where an independent and neutral third party (‘mediator’) assists parties to negotiate and reach a decision about their dispute.
Mediation is a guided negotiation process that individuals, colleagues and families find particularly useful to enable productive communication and resolve conflict.
Mediation is a fair and respectful process that is focused on achieving solutions everyone can live with.
Mediation is essentially a process that maximises the self determination of the participants
Mediation is recognised as a cost effective, efficient and effective means of dispute resolution.
Mediation offers parties an opportunity to be heard, listened to, maintain dignity, mutual respect and civility.
Having a skilled, professional third party helping you all to work through your issues and guide you in re-establishing effective communication can help mend relationships.
The ‘parties’ always retain control over the outcome of the dispute. The mediator will not impose a decision.
Mediation can enable people to make agreements about how they will resolve their issues and move forward with their lives!
What sort of issues can people take to mediation?
The sorts of issues that people can take to mediation include:
Work place disputes
Neighbourhood disputes
Will disputes
Adolescent- parent issues
Negotiating ongoing care for older family members
Negotiating the blending of two families. I.e. step and blended families
What happens in mediation?
Parties come together to talk about their issues with the help of an impartial third party – the mediator. However, unlike trying to nut out the issues on your own, the Mediator is able to ensure the discussion stays relevant and doesn’t become personal.
Unlike a court ruling, the mediator does not impose a decision or determine any ‘fault’. The mediator assists parties to identify and explore the issues and reach the best possible joint decisions that the circumstances allow. This often leads to a more satisfactory outcome for both parties.
The Mediator ensures all parties have a say, all points of view are heard and mutual agreement is reached. A lot of people find this a very practical solution to their problems.