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Mediation is a dispute resolution process in which a neutral facilitator (the mediator) works with clients in dispute to help them to have a structured conversation with each other with the objective of reaching a negotiated settlement.
Mediators are highly trained professionals who are experienced in working with clients to help them to be able to establish what is important in a dispute and to support the parties in having a structured negotiation with each other. Mediators are not judges or decision makers and they will not tell you what the outcome of the case will be. Instead the mediator will work with both parties actively as a facilitator to open up discussions and support the parties towards settlement.
Mediation is a flexible process but in a typical mediation, the mediator will work with the parties on a Mediation Day to facilitate this negotiation. The mediator will work with the parties privately and together to explore their case and to allow for views to be shared between the parties. As the mediation day progresses, the mediator will help guide the parties towards making offers to each other in order to reach an agreed binding resolution of the dispute.
There are three very important principles to mediation
1. What takes place in a mediation is confidential and both parties agree not to discuss outside of the mediation its content
Information shared with the mediator privately will also be confidential and not shared with the other party.
2. A mediation is without prejudice
This means that the information shared within a mediation and any offers cannot be referred to in court. This gives parties the opportunity to have conversations about ways they might settle the dispute without being bound to it, if the mediation does not result in a final settlement.
3. The parties are in control of the ultimate decision to settlement
This includes the terms of any resolution. If agreement is reached, the parties will draft and sign a Settlement Agreement which acts as a binding contract between the parties as to the terms of the resolution of their dispute.
As a dispute resolution process, mediation works effectively in that it allows parties to reach a resolution to their disputes quickly, confidentially and at outcomes that both parties have agreed to, giving business and personal certainty.