Mediation Explained
Mediation is a quick, cheap and satisfying way of sorting out problems, disputes and conflict. It is a meeting of the parties guided by a trained mediator. It brings the parties together to sort out their own solution, reached by agreement rather than imposed by a Court. It provides participants with the opportunity to express their concerns and to seek options for resolution of disputes in an informal, neutral environment with the aid of an exerienced third party.
A mediation session is a round-the-table meeting. It can last for approximately 2 to 4 hours, and longer in some cases. It may be necessary at times to hold several mediation sessions to allow for consideration of options or provision of further information by the parties. A mediation normally consists of joint sessions where the mediator encourages both parties to express their views and concerns, and private sessions when the mediator talks to each party separately.
A mediation session may be terminated at any time by either the parties or the mediator after consultation with all concerned. Participation in the mediation session, and in any agreement, is completely voluntary. There is no pressure on anyone.
Role Of The Mediator
The mediator will guide you through the mediation process by helping you to identify and discuss the issues in dispute, and to develop practical solutions which meet the needs of all concerned. The mediator remains neutral and impartial, does not give advice, and has no authority to impose an outcome on you. The mediator is not a representative of any party nor an advocate for a particular outcome.
Experts, Advisors And Lawyers
You may wish to bring a lawyer, expert or advisor to the mediation session. Such persons are welcome and often play a useful role in assisting you to develop realistic proposals. It is also important that you bring documents (eg bank statements, valuations, reports, etc) that may be necessary for a proper consideration of the issues that are in dispute.
Benefits Of Mediation
The mediation process allows you to stay in control of your situation and to make decisions that will work for you, rather than handing over the decision-making to a magistrate or judge. If you don't reach agreement you may end up in Court, and, as everyone knows, the Court process is slower, more stressful, and much more expensive. Mediation can result in quick and effective agreements and at a fraction of the cost of litigation. It provides a forum for all parties to ventilate their concerns and frustrations in a safe, confidential and informal setting. Research shows that mediated agreements have a higher success rate than decisions imposed by a Court.
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