What is mediation?

Mediation is a process which involves working with people who have a dispute so that they can resolve their dispute in a mutually acceptable manner. Studies have shown that mediation has a superior success rate (80%) when compared to other forms of dispute resolution. A key aspect of mediation is that mediator is a neutral party, trained to facilitate the disputants to hear each other’s story and to come to a mutually acceptable solution.

The stages of mediation

There are four stages to each mediation.

First, the client contacts the mediator and the mediator assesses whether the dispute is suitable for mediation.

Second, the mediator meets with the disputants separately. He listens to their stories so that he can understand what has occurred. He uses this meeting to explore the issues and to clarify what the disputants want from the process. He will assess whether there is scope for a mediated agreement and if there is then he will initiate the third stage of the process. If it is, then the mediator agrees the terms of the engagement. Central to these terms is that the mediator, regardless of whomever is paying the fees, will remain neutral throughout the mediation. In addition, the process is confidential and any party may withdraw at any time.

Third, the mediator meets with both disputants together. At this meeting the mediator facilitates the disputants to discuss the issues, to create options for a possible resolution and to make decisions and agree actions which form a resolution.

Fourth, the mediator drafts the agreement between the disputants. This agreement is based solely on what the disputants themselves agree. The mediator’s role is only to draft the agreement. The drafting usually takes place on the same day as the third stage but if the agreement is complex it may sometimes take more time and can occur at a later date.

The mediator does not make any report on the mediation to anybody and anything that is discussed within the mediation is confidential, subject to where the law would require a disclosure, for example, in the case of abuse of a child.