MEDIATION

Mediation is the most popular and widely recognised form of ADR, both nationally and internationally. It employs negotiation techniques to and offers solutions beyond those that a Court could ordinarily impose. The terms mediation and ADR are often used interchangeably.

Mediation can be defined as a voluntary, non-binding, "without prejudice" method of resolving disputes. The mediator is specifically trained to assist parties in settling disputes, being an impartial neutral catalyst who helps the parties to arrive at a mutually agreed solution. The mediator has no power to impose a settlement on either party.

The vast majority of disputes will be settled by negotiation, either by the parties themselves or through their instructed legal representatives.

In the life cycle of a dispute, mediation can fit in at virtually any stage.
Unlike court proceedings, mediation involves the direct participation of the parties working on a proactive and creative basis.
The mediator does not determine the issues but assists the parties in identifying issues and information needs, reducing obstacles to communication, exploring alternatives and focusing on the needs and interests of those most affected by the dispute. The objective of the mediation process is to help the parties visualise alternative solutions and the mediator is tasked with guiding the parties to areas of common ground.

Throughout the process, decision making rests with the parties in dispute. The mediator is simply a catalyst who assists the parties to reach that decision making phase.
Some cases are inherently not suited to settlement and in these instances the determinative process of a Court decision maybe the only alternative. Should mediation fail, the process is not wasted as it serves as a useful way of collecting information and forming the underlying case in dispute.

Some Benefits of Mediation

Non adversarial, win/win solutions are possible.
All types of disputes are possible of being mediated, as long as there is some good will and violence is not involved.
You are in control of the process, instead of judge telling you what to do.
Costs are known and agreed upon before proceeding.
Parties share the cost of mediation.
Time and venue arranged to suit both parties.
A peaceful, cooperative process.
Confidential and in a private setting.
Costs of settlement are greatly reduced compared to court or arbitration.
Formal legal rules do not bind the parties.
Can usually be arranged at short notice.
Can be used when there are only 2 parties or multiple parties are involved.
Parties can invite support and/or have legally qualified representatives assisting.
Flexible process – tailored to needs of parties





MEDIATION Mediation is the most popular and widely recognised form of ADR, both nationally and internationally. It employs negotiation techniques to and offers solutions beyond those that a Court could ordinarily impose. The terms mediation and ADR are often used interchangeably. Mediation can be defined as a voluntary, non-binding, "without prejudice" method of resolving disputes. The mediator is specifically trained to assist parties in settling disputes, being an impartial neutral catalyst who helps the parties to arrive at a mutually agreed solution. The mediator has no power to impose a settlement on either party. The vast majority of disputes will be settled by negotiation, either by the parties themselves or through their instructed legal representatives. In the life cycle of a dispute, mediation can fit in at virtually any stage. Unlike court proceedings, mediation involves the direct participation of the parties working on a proactive and creative basis. The mediator does not determine the issues but assists the parties in identifying issues and information needs, reducing obstacles to communication, exploring alternatives and focusing on the needs and interests of those most affected by the dispute. The objective of the mediation process is to help the parties visualise alternative solutions and the mediator is tasked with guiding the parties to areas of common ground. Throughout the process, decision making rests with the parties in dispute. The mediator is simply a catalyst who assists the parties to reach that decision making phase. Some cases are inherently not suited to settlement and in these instances the determinative process of a Court decision maybe the only alternative. Should mediation fail, the process is not wasted as it serves as a useful way of collecting information and forming the underlying case in dispute. Some Benefits of Mediation Non adversarial, win/win solutions are possible. All types of disputes are possible of being mediated, as long as there is some good will and violence is not involved. You are in control of the process, instead of judge telling you what to do. Costs are known and agreed upon before proceeding. Parties share the cost of mediation. Time and venue arranged to suit both parties. A peaceful, cooperative process. Confidential and in a private setting. Costs of settlement are greatly reduced compared to court or arbitration. Formal legal rules do not bind the parties. Can usually be arranged at short notice. Can be used when there are only 2 parties or multiple parties are involved. Parties can invite support and/or have legally qualified representatives assisting. Flexible process – tailored to needs of parties