Mediation is a form of alternative dispute resolution.
What is mediation
Mediation is a form of alternative dispute resolution (ADR) in which the disputing parties use the services of an impartial third party to resolve the dispute using specialised communication and negotiation techniques.
What is the process:
Before the mediation process/meeting the following needs to happen:
Disputing parties need to agree to bring the matter to mediation and signed mediation agreement.
The mediator will then meeting with the disputing parties individually to understand the dispute from each of their perspectives then Mediation date will be set.
During the mediation meeting the mediator will work towards assisting the disputing parties find a win-win resolution to the dispute on the table.
Should the mediation be successful a settlement agreement outlining what the parties have agreed to resolve the dispute will be signed. Both parties are bound by the settlement agreement, and the mediator will follow up with parties to ensure the settlement agreement is being implemented.
Should the mediation be unsuccessful both parties are free to pursue other avenues to resolve the dispute. Noting that mediation confidential and nothing that was said during the mediation can be used when pursuing other avenues to resolve the dispute.
How long is the process:
Mediation could take a day, a week, a month, a year all depending on the factors at play, such as the complexity of the dispute availability of the parties and resources.
Mediation is done is good faith to reach a win-win resolution to the dispute on the table. It allows the disputing parties to reach their own resolution/s instead of having a win-lose resolution imposed on them.
Time lines involved:
There aren’t any specified time line however it is important to note that mediation time lines are determined by those parties involved. And because of this disputes tends to be resolved faster in mediation than in any other dispute resolution process.
Objective of mediation:
The central objective of mediation is to assist the disputing parties reach a win-win resolution to the dispute on the table by:
Reducing communication obstacles between the disputing parties
Ensuring the needs of all the disputing parties are addressed
Maximising the discovery of alternatives.