What is Mediation? – a way to Communicate so you are Heard.
Lets start by understanding what Mediators near Me is not.
Mediation is not about advocacy, which aims to speak on behalf of one party.
Mediation is not about counselling, guidance or advice
Mediation is not arbitration, no judgements are made by the mediator
So what is mediation?
Mediation is a structured process during which a neutral third person (a mediator) assists those involved in disagreement or dispute to work towards finding a mutually acceptable agreement which empowers all parties taking part. It is a voluntary process.
Solicitors have of course always settled cases for their clients without mediation. However mediation provides a process for those cases which have not settled for whatever reason. It is effective for the following reasons:-
It gets the relevant people – the parties themselves and their solicitors – in the same place at the same time and focusing on the same problem, not just on procedure. In litigation this does not usually happen until the door of the court just before the trial. Cases often do settle at the door of the court, but usually with the disadvantage that a substantial amount of time, energy and legal costs have been spent by all concerned.
The parties are able to get things off their chest without sabotaging the negotiation. Each party can say what they feel, but in a controlled environment.
The parties may feel that they have had their “day in court”, that they have been listened to and understood, by the other side and by the mediator.
Once the mediator has established some trust with a party and his or her solicitor, that party can talk in confidence to the mediator about what they hope to achieve. A dispute may appear to be about money, but it may be that there are underlying issues. It might also be possible to include other ways of resolving it apart from the payment of money.
A party can get things out in the open before a neutral mediator in a confidential situation. The mediator does not pass on information to the other side unless specifically authorised to do so. The mediator may then be able to find ways for the other party to cater for the fears or concerns of the first party which might otherwise not be addressed at all.
How can mediation help you?
The mediation process encourages communication, identifies issues, explores options and assists mutual problem solving. This promotes positive relationships and increases participation between parties.
Increasing the involvement and understanding among the participants in the decision making process, building trust and improving the quality of relationship can successfully address conflict and disagreements.
What do you need to do to take part in mediation?
You need to be able to openly discuss the issues involved in the conflict by bringing any information that is felt to be important/relevant to the process. You must also be prepared to listen to the views of the other parties involved.
So how does mediation work?
The procedure before the mediation
Mediation is a voluntary process so it is only possible if both sides agree to it. The mediator will talk to both sides to ensure their agreement.
If there is agreement to mediate, any party can fix a date for the mediation. Once the date is fixed, each party pays their fee.
Preparation
Each party will prepare a short briefing statement for the mediator. This statement will briefly set out the facts and issues as far as that party is concerned. Copies of key documents should be supplied with the statement, such as any relevant contract. The parties may agree on the key documents to avoid duplication, but it is not essential.
It is preferable for each party’s briefing statement and any documents to be lodged with the mediator a week or so before the mediation. A copy should be sent to the other side at the same time.
Any party can also, if they wish, prepare a confidential briefing statement for the eyes of the mediator only – the mediator will keep it confidential and not communicate its contents to any other party unless specifically authorised to do so.
The mediator may visit the solicitors on each side briefly before the mediation to introduce himself or herself in an informal way, but in any case would usually telephone the solicitors on each side (or the parties themselves if there are no solicitors) before the mediation.
The mediator will clarify that all parties will have authority to settle the dispute at the mediation.
Auto Amazon Links: No products found.
