Mediation is a procedure used to resolve disputes and disagreements that may arise between two parties. It’s a form of assisted negotiation in which both parties openly discuss their differences under the guidance of an impartial mediator in an attempt to reach a mutually beneficial agreement.
What is Mediation?
Mediation is often an informal process. It doesn’t guarantee an agreement, but it does facilitate the outcome. The decision is taken by both the parties involved, while the mediator assists the negotiation between the two. The process is:
- Informed
- Voluntary
- Controlled
- Impartial
- Collaborative
- Confidential
What Is The Mediation Process Like?
The procedure typically begins with both parties agreeing on some form of structure and timeline for the process. In cases where the dispute is particularly complex, they may first agree to prepare statements and submit certain documents relevant to the case.
The mediator starts the process by introducing the nature of the dispute, and both acknowledging and clarifying the objectives. They then speak to each party, hear out their side of the story, propose solutions, and go back and forth between both parties to help clear up confusion and misunderstandings. The aim is to find grounds for agreement and move toward a settlement.
During the course of the mediation process, both parties are in complete control of their situations. They can propose their own terms for settlement and refuse the offers made by the mediator. The mediator tries to get both parties to accept a settlement offer based on their impartial and objective expertise. If both parties agree, they then draft a settlement agreement.
Do you require further information on the Mediation Procedure? Why don’t you check out our Mediation Tips page to find out more information about the benefits and when mediation should be considered.
Our expert mediator at Minute Mediation Ltd. can help you resolve disputes more amicably and easily.
