Mediation
Mediation
The Mediator provides a safe, confidential and inspirational environment.
Mediation is a voluntary process in which two or more people involved in a dispute meet and with the help of a Mediator, work out their own solution to their dispute. Mediation differs from the Court process in that the power remains with the parties.
It is a confidential process that facilitates the parties to explore a range of solutions. Our mediation forum is without prejudice unless otherwise agreed by the parties. It is also cost-efficient especially when it comes to agreeing with terms for a Separation or Divorce.
Lawyers may remain involved, but we believe the mediated agreement is a more creative and less acrimonious resolution because it is their agreement and is more likely to stand the test of time. As mediators, we provide a structured process which is flexible.
Our skills as mediators will the parties to explore a range of solutions to reach a negotiated settlement of their dispute. In workplace conflict situations, mediation provides early intervention and a resolution option that is less stressful and less expensive than engaging in adversarial systems. Mediation provides a safe place for parties to a dispute to deal directly with each other where the resolution of the dispute remains in their control and where future working relationships can be maintained and protected.
Mediation is…
- a form of ADR (Alternative Dispute Resolution).
- a way of resolving disputes.
- a process in which the Mediator assists the parties to negotiate a settlement.
- a process of collaboration, not conflict.
- a transformative, empowering process.
- safe, respectful and voluntary.
- constantly consultative - nothing happens without your input.
- a process which invites an open mind.
Mediation has…
- already resolved disputes exactly like yours.
- a proven track record in achieving fantastic results in a wide range of situations.
- a structure to identify issues and deal with differences.
- a timetable, agreed with the parties, designed to meet their needs.
- the flexibility to find dynamic and creative solutions when needed.
- the potential to resolve any dispute.
Mediation can…
- be applied to virtually any situation where two or more parties have differences they cannot resolve themselves.
- involve just two parties or several or many participants.
- resolve simple, single issue disputes or complex, multifaceted disputes.
- be applied to commercial, legal, community, workplace and family disputes.
- resolve even a difficult dispute in a short space of time.
- involve the parties meeting directly but doesn't have to.
Mediation is not…
- a substitute for legal advice - that's what lawyers are for.
- a way of receiving counselling - that's what counsellors, psychotherapists and psychologists are for.
A mediator is…
- a highly trained, skilled professional subject to the rigorous MII Code of ethics and standards.
- non-judgmental and non-directive - they will not give opinions on the parties actions or positions.
- trained in a variety of conflict resolution techniques and therefore an expert in de- escalating conflicts into agreements.
- a natural facilitator who helps the parties think 'outside the box'
- a gifted and trained communicator.
- a guide who encourages the parties through the Mediation process.
- an inspiration to the parties when obstacles arise.
How does Mediation work?
The structure of the mediation process will vary depending on the type of dispute. Generally, an agreement to Mediate will be signed at the outset and the mediator will then meet with the parties together and/or separately, over the course of one day or in sessions over a number of days or weeks. Solicitors or other advisors may attend mediation sessions if required. If an agreement is reached this will be recorded and signed at the mediation, and further steps which may be required to make the agreement legally enforceable may follow.
