
What is Mediation?
Mediation is a process to help people resolve their disputes.
The process involves a mediator sitting as an independent and neutral 3rd person with the parties to help them to get to a solution to resolve their problems..
Mediation is voluntary, although the courts do encourage a mediation process before formal legal proceedings are undertaken.
What happens in a mediation
Before it starts…
I have a briefing session with each party to make sure they understand the process
Everyone, including me, signs an Agreement to Mediation, which is mainly about confidentiality
The parties prepare a short (1 page maximum) position statement outlining their view of the dispute and ways forward which is shared, and which helps save time during the mediation.
During the mediation…
Both parties do a short (up to 5 mins) summary of their view of the dispute and ways forward.
Then a shuttle process, where there are private sessions between me, (the mediator) and the parties. During these sessions we confirm: 1)the issues; 2)go through what may be behind the headlines; 3) look at options for a settlement; and 4) finally work out an agreement to settle.
At the end of the mediation…
A settlement may be reached, which is written down, and which is binding.
Important: the mediator is not a judge or adjudicator, nor offers legal advice. It is up to the parties themselves to get to a settlement. I will help you get there, and also challenge you to think through the options.