Mediation is a valuable form of Alternative Dispute Resolution which differs from wider recognised channels to resolute such as litigation, grievances, employment tribunals and escalation processes.
For Mediation to take place both parties involved must first agree to take part as the process is entirely voluntary. Parties must agree to attend and may discontinue the Mediation at any stage. Mediation differs considerably to other dispute resolution methods in that it is completely confidential and ultimately the parties are empowered to choose and be in control of the outcome and any settlement reached.
Once a settlement is reached it forms a binding (legally in some cases) agreement. Going forward implementation of the agreement has a high success rate as the final decisions made have been mutually reached by the individuals taking part.
Typically, Mediation takes place over a number of hours or a full day; although some types of mediation take place for shorter periods and are spread over a number of sessions. Face to face mediation is the more established and conventional method although demand for telephone and online mediation (particular since the pandemic) are growing, each offer pros and cons depending on the circumstances, nature of dispute and parties involved.
The Mediation (s) will follow a structured (yet flexible) framework made up of a number of private and joint sessions. One of the key principles of Mediation is that it is an entirely confidential process. For a party, this is their chance to be heard, unchallenged and unjudged, to share and speak their personal truth. This is often the beginning of understanding and unravelling some of the possible root cause in high levels of conflict.
It is paramount that the mediator builds trust and adopts an unbiased and impartial position during the Mediation. There is no judge in mediation, no right, no wrong. No winners, no losers. Using a wide variety of skills and techniques, the Mediator will guide the parties to find their optimal solution.
Mediation is fast (especially when compared to court proceedings), cost effective, parties are in control, and relationships can be improved or preserved (community, workplace, supplier & business). To find out more about mediation click here.
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