Mediation is a form of Alternative Dispute Resolution
(ADR) that is offered as an alternative to the traditional
investigative or litigation process. Mediation is an
informal process, driven by the parties, invoked in
good faith, in which a neutral third party facilitates
the opposing parties to reach a voluntary, negotiated
resolution in a non-adversarial manner.
Mediation gives the parties the opportunity to discuss
the issues raised, clear up misunderstandings, determine
the underlying interests or concerns, find areas of
agreement and, ultimately, to incorporate those areas
of agreements into resolutions. A mediator does not
resolve the charge or impose a decision on the parties.
Instead, the mediator helps the parties to agree on
a mutually acceptable resolution. The mediation process
is strictly confidential. Information disclosed during
mediation will not be revealed to anyone.
How Mediation Works
The Mediator contacts both parties in advance of the
mediation session concerning their participation in
the process and the mediation rules. If both parties
agree, a mediation session conducted by a trained and
experienced mediator is scheduled. While it is not
necessary to have a solicitor in order to participate
in Mediation, either party may choose to do so.
When the parties have agreed to submit a dispute to
Mediation, they are free to abandon the process, at
any time after the first meeting, if they find that
its continuation does not meet their interests provided
the party gives the Mediator the benefit of an agreed
'cooling off' period with them before terminating the
process. A party to a Mediation cannot be forced to
accept an outcome
Advantages of Mediation
Fair and Neutral
Parties have an equal say in the process and decision
on settlement terms, not the mediator. There is no determination
of guilt or innocence in the process.
Saves Time and Money
Mediation usually occurs early in the dispute process,
and many mediations are completed in one meeting. Legal
or other representation is optional but not required.
Confidential
All parties sign a confidentiality agreement. Information
disclosed during mediation will not be revealed to anyone.
Avoids Litigation
Lengthy litigation can be avoided. Mediation costs less
than legal proceedings and avoids the uncertainty of
judicial outcome.
Improves Communication
Mediation provides a neutral and confidential setting
where both parties can openly discuss their views on
the underlying dispute. Enhanced communication can lead
to mutually satisfactory resolutions.
Design your own Solution
A neutral third party assists the parties in reaching
a voluntary, mutually beneficial resolution. Mediation
can resolve all issues important to the parties, not
just the underlying legal dispute.
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