MEDIATION PROCESS
Mediation is a simple process for resolving disputes by which an independent mediator assists the parties to reach a mutually satisfactory outcome.
A mediation session involves an informal discussion of the dispute by the parties, not the formal presentation of witnesses, evidence and legal arguments of a trial. The session will usually be attended only by the mediator and the parties (and their lawyers, if they wish). The process will normally take half a day.
IT IS A VOLUNTARY PROCESS - The mediator has no power to decide the outcome or to impose a decision upon the parties. The mediator assists the parties in their negotiations by identifying obstacles to agreement and developing strategies for overcoming them.
THE SESSIONS ARE PRIVATE AND CONFIDENTIAL - It is held in private and nothing that is said is repeated outside the mediation.
THE PROCESS STARTS WITH A MEETING OF THER PARTIES - The mediator first explains the process that will be followed and then invites the parties, in turn, to outline their view of the dispute. After identifying what is in issue, the mediator may have a number of separate meeting with both sides to analyse their case and to develop possible options for agreement.
THE MEDIATOR WILL BRING BOTH PARTIES TOGETHER AGAIN WITH A VIEW TO REACHING A SATISFACTORY AGREEMENT THAT BOTH SIDES ARE HAPPY WITH - The mediator does not make recommendations or give advice. Mediation allows the parties to make their own decisions and create their own solution.