Mediation



JUST WHAT IS MEDIATION?

Mediation is a way of resolving a problem that perhaps in the past would see us visiting a solicitor or lawyer to get resolved.

“Mediation is a process in which an impartial third party – a mediator – facilitates the resolution of a dispute by promoting un-coerced agreement by the parties to the dispute. A mediator facilitates communication, promotes understanding, assists the parties to identify their needs and interests, and uses creative problem solving techniques to enable the parties to reach their own agreement.” (www.leadr.com.au Ethical Standards for Mediators)

ADVANTAGES OF MEDIATION

  • The cost of undertaking mediation is significantly less than when one engages a solicitor or lawyer. The disputing parties have an opportunity to resolve their differences in a more relaxed setting than in a court of law.
  • There is more flexibility in undergoing mediation than in a court of law.
  • The courts are always filled with cases waiting to be heard whereas with mediation, it can be conducted in a timely manner. This means that issues can be resolved normally much quicker.
  • The parties to the dispute have a greater control over the outcome of the dispute. As a result of that the parties are more liable to carry out their agreed responsibilities in a timely manner.
  • The mediation is confidential and as such any agreement that comes out of this process can also be kept confidential by agreement. The process is free of legalistic language and can therefore be more understandable and user friendly to the parties.
  • The venue of a mediation can be in a location that is more relaxed and congenial. During the mediation process time outs can be arranged at the convenience of the two parties.
  • This makes the process less stressful and more relaxed for the parties. The agreement can be made legally binding if this is required.