It's about finding a workable solution to which all parties agree.
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Mediation resolves conflict by focusing on interests. It can be applied in any situation where two or more parties are in conflict regarding some aspect of their business or of their personal lives.
The mediation process helps the parties focus on what their real concerns and issues are and facilitates the reaching of a settlement that all are prepared to agree.
The mediation begins with both parties agreeing to mediate. They will then need to agree on a venue for the mediation and who should be appointed as mediator.
The mediator helps the parties to look at their situation objectively and from different view points. He or she will aim to carefully balance the parties' needs to air their views and outline the issues they have, with the need to move forward and find a solution that is practical and acceptable to both or all of them.
The mediator finds ways of bringing the parties together, of identifying common aims and goals and translating them into a practical, sensible compromise.
Equally important is what the mediator does not do:
Almost any dispute is suitable for mediation, provided the parties are willing to try.
The mediation venue will have one room where everyone can meet and also a separate room for each party to use.
Most mediation starts with a meeting with everyone in the same room. The mediator will ask everyone to agree to some basic rules known as the ground rules.
Each person will then have the opportunity to explain to the mediator in a brief statement what their position is.
At an appropriate time, the mediator will ask each party to move to their separate rooms and will hold private meetings with each party. This gives the mediator the opportunity to understand the parties' concerns, so that the mediator can explore possible solutions in confidence.
If a solution is reached, a document is drawn up and signed by both parties. This agreement will be legally binding. If no solution is reached, everything said at the mediation remains confidential.
You want to find out more about mediation?
If you are simply looking to find out more about mediation and its benefits, you may like to talk to a mediator or read some frequently-asked questions. If you would like to find out more about our mediation services, then please contact us.