What is Mediation?
Mediation is a way of settling disputes before they escalate into costly court action. The way it works is that the people involved in a dispute (generally termed the “parties”) settle their differences with the help of a qualified, independent and impartial person known as a Mediator. Courts increasingly are recommending Mediation as an alternative to litigation.
On average more than two thirds of all disputes referred to Mediation reach a settlement.
What kind of disputes can be addressed by Mediation?
Mediation can help solve almost any kind of dispute - within families or communities, between neighbours, work colleagues or companies:
- Family Mediation helps couples at any stage of separation or divorce to deal with such issues as the care of children, property and financial matters. Mediation can also apply to disputes involving a variety of other family relationships.
- Community or Neighbourhood Mediation can help solve conflict between neighbours (such as noise nuisance, harassment or boundary disputes) or issues arising with local councils, schools and health authorities.
- Workplace Mediation can address disagreements about employment contracts, working styles, roles, responsibilities and pay as well as allegations of discrimination or harassment.
- Commercial Mediation is involved with businesses in conflict over such areas as contracts of sale, property, patents and trademarks, personal injury and negligence.
How does Mediation work?
The Mediation process represents a flexible, orderly and civilised approach to settling a dispute. Maintaining strict neutrality, Mediators focus on improving understanding and encouraging communication between the people involved. The aim of the Mediator is to facilitate a negotiated settlement through a combination of joint and individual meetings with the parties.
Everyone needs to work hard for a settlement and a satisfactory result requires flexibility and sometimes involves difficult compromises. At the conclusion of the Mediation, an agreement is drawn up and everyone involved commits to it.