What is Mediation?
Mediation is used to settle disputes. Mediation is a discussion process where two or more people who have a dispute meet with an independent third person called a Mediator to discuss their differences and through discussion reach a solution.
Why Do People Mediate?
People mediate where they want to use the assistance of a Mediator to facilitate and guide their discussion to reach an outcome.
What Is the Mediator’s Role?
Mediators do not act for any party, nor do they tell parties what to do, although they may express a view. A Mediator is neutral and is committed to helping people reach a solution to the issues they bring to the mediation.
The Benefits of Mediation
• Cost– The cost of mediation is significantly less than going to Court.
• Confidentiality – What is said in mediation stays private, unless everyone present agrees that it be made public.
• Time – The mediation process achieves an outcome in a number of hours. A case being decided in a Court takes many months or even years.
• Willingness – Parties who agree to mediate are usually ready to work towards achieving an outcome. Usually when parties agree to mediate they are open to listening to each party’s point of view and to compromise their position if need be to reach agreement.
• Preserving the Relationship – The mediation process often preserves or helps to repair the relationship the parties had before the dispute arose.
• Their Own Solution – In mediation the parties obtain a resolution which they want and on their terms. They keep control of the outcome. This often means that an outcome is achieved which would not be available in a Court as the outcome reached in mediation is not always a solution or legal remedy available to a Judge.
• Agreement – With mediation the agreement reached is the parties’ agreement. Because the parties have agreed to the solution, it is likely they will give effect to it and follow it.
• Support – The Mediator is a skilled professional who supports the process. The Mediator is use to working with a difficult situation and will help the parties to think creatively for possible solutions. This opens up more options for the parties to consider.