For parties that want to resolve a dispute, while needing, desiring, or seeking to retain a working relationship.
Mediation resolves a conflict by using an impartial third party – the mediator – who helps the parties form a collaborative, mutually agreed upon, solution. The mediation process encourages parties to share their own personal interests, issues, needs and background that they bring to the conflict.
This sharing has proven to be a powerful way to overcome the barriers between the parties, as it opens up understanding between the parties as to why the other’s position in the conflict is meaningful to them.
With understanding, the parties in the process can craft a solution unique (and they often are highly creative) to their conflict, and their relationship.
- Works in a huge number of conflicts, including commercial, legal, diplomatic, workplace, community, and family matters.
- Parties both voluntarily enter into mediation.
- Parties mutually agree on the mediator.
- Very informal, and less threatening than most dispute resolutions.
- Based on both parties sharing and communicating their thoughts, positions and issues.
- It utilizes a collaborative approach to solving a dispute, and solutions can be as creative as the parties wish.
- The resolution is mutually agreed to by the parties.
- Parties set and agree to the level of confidentiality to the outcome, while the mediation process itself is considered ‘without prejudice’ and can not be used at trial.
- Usually very quick (may be as short as hours, normally not longer than 2 days).
- Normally very cost effective.
- Flexible scheduling.
- If mediation doesn’t work, other options are available.