Mediation

Mediation is used in law as a form of alternate resolution. A way of resolving disputes between two or more parties. A third party, mediator, assists the parties to negotiate their own settlement. In some cases, mediators may express a view on what might be fair or reasonable settlement, generally where all the parties agree that the mediator may do so. Mediation has a structure, timetable and dynamics that ordinary negotiation lacks. The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process. There may be no obligation to go to mediation, but in some cases any settlement agreement signed by the parties to a dispute will be binding them. The mediator must be wholly impartial. Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement on the disputed matter. Much depends on the mediators skill and training. Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. So why choose mediation? There are several reasons for choosing to take part in mediation. It can often be a less expensive route to follow for dispute resolution. While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes a much less time than moving a case through standards legal channels. Mediation offers a confidential process. While court hearings may happen in public, whatever happens in mediation remains strictly confidential. No one but the parties to the dispute and the mediator know what has gone on in the mediation forum. Mediation offers multiple and flexible possibilities for resolving a dispute and for the control the parties have over the resolution. Also, the mediation process consists of a mutual endeavor. Unlike in negotiations, parties to a mediation usually seek out mediation because they are ready to work toward a resolution to their dispute. The mere fact that parties are willing to mediate in most circumstances means that they are ready to move their positions. Since both parties are willing to work toward resolving the case, they are more likely to work with one another rather than against one another. Finally, a mediator is trained in conflict resolution and in working with difficult situations. A good mediator is likely to work as much with the emotional aspects and relationship aspects of a case as he or she is to work on the topical issues of the matter. The mediator, as a neutral, gives no legal advice, but guides the parties through the problem solving process. The mediator may or may not suggest alternative solutions to the dispute, thus enable the parties to find the avenue to dispute resolution that suits them best.