Mediation

What is Mediation?

Mediation is a confidential, facilitative, and voluntary process where parties in dispute, with the assistance of a mediator ,can achieve a mutually agreeable resolution.

The mediator is a completely neutral participant whose role is to guide all parties through a structured negotiation process and facilitate the finding of a resolution in a safe, respectful, and flexible manner.

The goal of every mediation is to assist the parties in reaching a mutually agreeable, sustainable solution to their dispute.

2017 Mediation Act defines mediation as ‘a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a Mediator, attempt to reach a mutually acceptable agreement to resolve the dispute.’

What are the benefits of Mediation?

Mediation is a completely confidential process, so details of your dispute and how you have reached it are completely confidential.

Mediation is a cost and time-effective process. It allows parties in dispute to get straight to the point without lengthy waiting periods or hefty costs.

The Mediation process is centred around the idea of self-determination, in that it enables all parties involved to make decisions and agree on outcomes that they are actively responsible for and happy with.

Mediation is both a fair and neutral process that allows all parties to have equal say in a non-judgmental, secure and confidential environment.

Mediation is flexible in that it enables parties in dispute to establish the terms and conditions of their dispute resolution themselves.

Mediation is a recognised means of Alternative Dispute Resolution that if successful avoids litigation and the uncertainty that that process can bring. Parties are equally in control of the outcome.

A mediation agreement or settlement can be legally binding or not, depending on the terms agreed by the parties in dispute.

If deemed legally binding, the agreement is Mediation gets to the heart of the issues in dispute and, if successful, ensures that both parties win.

How can it benefit you?

In Mediation you are in control of the outcome of your dispute in a cost-effective, structured, confidential, and timely manner.

How it works

In the event that you are involved in a dispute and want to proactively find a solution in a structured, confidential, and secure environment, the first step is for both parties to agree to participate in mediation and to appoint a mediator.

Pre-Mediation

Selection of a Mediator: The parties involved in the dispute should agree on a qualified and neutral mediator. The mediator should have relevant training and experience in mediation. Depending on the nature of your dispute, it may be necessary for your mediator to have expertise in the subject matter of your dispute. A mediator can be recommended to you or sourced through one of the professional membership organisations.

Initial Consultation: Your chosen mediator will conduct an initial consultation with all partied involved separately to explain the mediation process, clarify their role and understand the expectations of the mediation process. They will also assess the suitability of mediation for the dispute.

Agreement to Mediate: Together with your mediator, the parties involved in the dispute will establish an Agreement to Mediate that outlines the ground rules, confidentiality, fees, and other essential aspects of the mediation process.

The Mediation.

The dispute in context.

Introduction: Your mediator will conduct an introductory session where all parties, including the mediator, are present. The mediator will go through some basic ‘house-keeping’ directions as well as the ground rules for the mediation process. They will again explain their role and the structure of the mediation itself and ensure full understanding by all parties before the mediation begins. Your mediator will make sure that the parties have the authority to make any decisions needed in agreeing on the mediation outcome.

Uninterrupted Time / Party Statements: Each party is given an opportunity to present their perspective on the dispute without interruption. This allows the mediator and the other party to gain an understanding of the issues from each party's point of view.

Discussion: In order to identify the issues and explore opportunities for a solution, your mediator will facilitate a discussion where the parties can identify the key issues and interests underlying the dispute. The mediator, by asking open questions, helps the parties clarify their needs, goals, and concerns.

Brainstorming: As a means of reaching an agreeable outcome, the parties will brainstorm and discuss potential solutions without judgment. This process encourages creative thinking, the exploration of various options and offers a better understanding of the issues at the heart of the dispute.

Building Agreements: Your mediator will assist the parties in highlighting, negotiating, and refining potential solutions. Your mediator may use various techniques to facilitate communication and compromise.

They may help evaluate the feasibility, fairness and sustainability of proposed solutions and their potential consequences.

If necessary, the mediator may hold private sessions, called caucuses, with individual parties to address sensitive issues or gather more information.

To keep the mediation on track, at regular intervals throughout the process your mediator will recap on the main discussion points and any decisions made.

Mediation Agreement

Drafting the Agreement: Once the parties reach a mutually acceptable solution, your mediator will help to document the agreement in writing, including specific terms and timelines.

Review and Signing: The parties will review and sign the agreement. They will establish whether the agreement is legally or non-legally binding and will assist in documenting any conditions or timelines for the agreement to be implemented.

Closing Session: Your mediator will then conclude the mediation process, they will reaffirm the confidentiality of the discussions, and discuss the next steps, including implementation of the agreement.

In the event that an agreement has not been reached, they will establish whether or not parties are agreeable to meet again to continue the mediation or if it is closed, without agreement.

Your mediator may offer, by agreement, post-mediation support or follow-up sessions to ensure that the parties are complying with the agreement and to address any issues that may arise.

Post-Mediation

Implementation: The parties are responsible for implementing the terms of the agreement, and the mediator's role typically ends once the agreement is in place.

Evaluation: The parties may choose to evaluate the effectiveness of the agreement and, if necessary, return to mediation to address any unresolved issues.