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What is Mediation?

When problems arise in your business or personal life, which lead to a dispute, what do you do?

These problems can develop from disagreements which can often get in the way of a solution.

The traditional resort to the court and the adversarial positions of the parties can intensify the differences between parties.

Things do not always run smoothly - disagreements can get in the way of achievements. Yet resolving differences can be difficult. Taking an adversarial position simply compounds the problem and may lead to tense negotiations, acrimonious disputes and even litigation. 

There are easier and more constructive ways - ADR - Alternative Dispute Resolution - is the term often used for them and mediation is the most important alternative route that brings the parties together to resolve differences. My services can help you solve problems, negotiate constructive outcomes and strengthen relationships.

Download Brochure Mediation is facilitated negotiation involving a third party who is neutral and independent of the other parties. The Mediator does not make judgements but assists the parties to arrive at their own settlement. The approach is informal and flexible, creative and confidential. It is also voluntary and at any stage the parties may withdraw from the process.

Process of Mediation:

Mediation allows parties to have difficult conversations in the presence of an independent, trained mediator in an effort to find a mutually acceptable solution to their differences.

My role as mediator is to make sure that everyone involved is heard and understood to try and to find a way forward that is fully thought out and agreed. As mediator I make sure that the process is fair to all and systematic.

The process of mediation follows this pattern:

Pre-mediation meetings:

I meet with the parties separately to explain and answer any questions about the process, and to hear their perspectives on the issues. I will not discuss the detail of the case and will not give any advice on the merits of the case with either party.

Joint Session:

When we meet together, after an initial introduction everyone has the chance to explain their view of the situation   I begin by asking all parties to say what needs to be dealt with and what they would like out of mediation.

Explore the issues:

It is important that everyone hears what everyone else has to say and that the differences are fully explored.  Everyone must understand the real reasons for the conflict before it is worth trying to find any meaningful solutions.  In doing this, it is sometimes useful to spend time with each party separately in what are referred to as ‘private sessions’

Consider options:

It is usually the case that possibilities for the future will emerge as a result of these discussions.  We can also brainstorm for any other options which are then explored in detail by us all. There then follows a process of elimination of unacceptable options until agreement is reached. Again, I will not give any advice on any proposed agreement, although through ‘reality checking’ I may make suggestions about such matters.

Record agreement:

If agreement is reached, I will draft the Agreement to make sure that all the details are clear and agreed. It is then signed by both or all parties and witnessed by me as mediator.

Mediation can be quite time-consuming and should not be seen as a ‘soft’ alternative to a courtroom dispute. It can be challenging and lengthy but is worthwhile, particularly when the parties come to an agreement.

Dispute Resolution Services

Mediation provides an opportunity for you to say what's important to you and hear the other person's perspectives. The agenda and outcome are controlled by the parties. The mediation approach is problem solving rather than adversarial and so this often results in creative options for settlement. In mediation, you speak for yourself and make your own decisions.

WHY USE MEDIATION?

Mediation is a solution seeking procedure and it is about finding a way forward that satisfies everyone. This is often called the win/win approach. It differs from the court process, which is often said to produce a win/lose outcome. Mediation treats all parties equally. This means that the parties must have a desire to resolve the problem in hand.

HOW EFFECTIVE IS MEDIATION?

It is reckoned that mediation is successful in 80% of cases referred.

How Can Mediation Benefit Me?

Voluntary:

It is important that the parties come to the table in good faith, wanting to settle the dispute

Confidential:

Issues and ideas for settlement can be discussed without fear of them being used against you in the future.

Easily Arranged:

Usually it takes only a few phone calls for a session to be set up at a neutral venue.

Informal:

The mediator is trained to make it as relaxed as possible for everyone involved.

Balanced:

Everyone gets a fair chance to be heard.

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