Mediation
When conflict has escalated significantly, you need a quick, effective process that will enable you to reach an agreeable resolution.
What is mediation?
Mediation is a process for resolving disputes where an independent mediator assists the participants to reach a mutually satisfactory settlement.
A mediation session involves a discussion of the dispute by the participants involved, rather than formal presentation of witness statements and evidence that takes place in court or during arbitration. The session will usually be attended by the mediator and the participants.
Because the process is informal, a mediation can usually take place in a day or less.
The mediation process is entirely voluntary; the mediator’s role is to facilitate negotiations between the participants by focusing on mutual interests, identifying obstacles to settlement and developing strategies to overcome them. The mediator cannot make a decision on behalf of the participants or force them to accept a settlement.
"Mediation is one of the most effective tools of non-violence. It can turn parties away from conflict, towards compromise."
-Myroslav Lajcak
The mediation session is private and confidential. No public record is made of the proceedings and in the unlikely event of no settlement being made, none of the information discussed during the mediation is admissible in court, unless requested by a judge.
Why Mediation?
When conflict has escalated it is highly stressful, time consuming and potentially very expensive. It can take up to a year to get a court date for a dispute and may drag on for years if the court’s decision is appealed. When this happens, the fees involved often end up being more than the amount in dispute.
Why would you want to put yourself, or your business, through that kind of turmoil, if you didn’t need to?
Mediation provides an alternative to going to court which is more collaborative, calmer and a more human approach.
Some of the benefits of mediation are:
-
Less costly than going to court
-
Mediation can be quickly arranged, and settlement is usually reached within a day
-
Individuals find the process more empowering, because they make the decisions
-
Effective outcomes are reached, because they are co-created by the participants
-
Participants are more likely to comply with agreements, because they have co-created them
-
The relationship is either preserved or reaches a more amicable conclusion
According to the Centre for Effective Dispute Resolution’s 2018 mediation audit, the success rate is high with 89% of commercial mediation reaching settlement.