Mediation

Mediation is a form of conflict resolution where a trained professional assists two or more parties in reaching an agreement. The participants determine the terms of the agreement rather than a third party imposing a decision, e.g. in a court or tribunal. Mediation is a voluntary process that cannot be imposed. Any participant can leave the process at any time. It works towards collaborative solutions as nobody can impose an outcome and the participants are facilitated to work together to reach an agreement that works for them. As no party to mediation can impose their solution on anyone else each one   has a veto. Mediation is a confidential process where what is discussed in the mediation stays in the mediation. There are no outside observers and no record of the process is kept. All that may be communicated to anyone else is the agreement reached, if this is what the participants agree to. Participants may seek legal or expert advice during mediation but that opinion or advice cannot be used to impose or make judgements about the process. The mediator will advise participants to seek legal advice before signing any agreement that involves legal issues. The mediator acts as an impartial, neutral and balanced facilitator. The mediator cannot favour the interests of one participant over others nor can they favour any particular outcome. The mediator’s role is to ensure that the participants reach agreements in a voluntary, informed manner and not as a result of coercion of intimidation. Because the participants have been actively and voluntarily engaged in resolving the dispute they are more likely to be satisfied with the outcome and more likely to keep any agreements that are reached.