What is Mediation?

Mediation is a process by which a neutral third party – the mediator - facilitates the resolution of a dispute or conflict. Mediation is based on exploring important issues, clarifying misunderstandings, exploring solutions, and negotiating a mutually agreeable outcome. 

What is a Mediator?

Facilitator
Negotiator
Provider of information
Interpreter and clarifier

What does a Mediator do?

• Facilitates the process
• Establishes guidelines for the process
• Supports parties to express difficult and uncomfortable issues in a safe environment
• Narrows the gap between parties
• Facilitates and improves communication between parties
• Clarifies issues and supports the resolution of misunderstandings
• Encourages ideas and suggestions to be discussed
• Supports collaborative decision-making
• Tests the suggestions of the parties and explores solution focused ideas

Qualities of Mediation

Voluntary – parties to mediation must agree to the mediation on a voluntary basis. They cannot be forced to mediate and can leave at any time.

Confidential – mediation is generally a confidential process. There may be information that is disclosed that the mediator may need to share with another party but this is rare and will always be explained to the parties. Generally information disclosed in mediation is not admissible in court or at other formal proceedings. If the mediation results in an agreement / contract being signed it may become admissible in other proceedings but this will be discussed on a case by case basis.

Collaborative – parties to mediation have a common desire to seek a resolution

Controlled – all mediations will include an agreement as to the way the mediation will take place and what expectations parties have of each other and of the mediator.

Information & Advice   - The process of mediation provides the flexibility and time to incorporate expert or specialist issues that may be relevant to the parties. Experts in a particular field, or legal advisors can provide advice to the parties. Any admittance of such information into the mediation process should be based on a mutually acceptable agreement between the parties. The mediator may advise parties to obtain legal advise prior to signing any agreement which comes out of the mediation. Each party to the mediation has the right to pursue any legal advise at any time  or can elect not to seek any advice outside the mediation if they so choose.

The mediator is  neutral and impartial –  The mediator is obligated to treat all parties equally and not express favour towards one party or another. The role of the mediator is to facilitate parties to work towards an agreement where possible through collaborative, informative and impartial means.

Empowering  - by virtue of taking part on a positive, collaborative process by which ideas and views can be safely discussed and developed clients feel they have experienced a positive and valuable process, even in cases where they were unable to reach an agreement.