The Purpose of Mediation

Mediation is a process in which an impartial and independent third party facilitates communication and negotiation between disputing parties in order to assist them to reach a solution for the future that is mutually acceptable.

The mediator provides a process that is safe for both parties and that allows them to communicate their interests and needs to each other so that they can negotiate and decide their mutually agreed solutions to their dispute. This is then written into an agreement document that is signed by both parties and the Mediator.

Mediation is suitable for couples who have decided to separate or divorce; employees with grievances; people engaged in commercial disputes and other matters where the parties are open to resolving the matter in a low-cost and timely manner.

The Path from Conflict to Agreement

Mediation creates a safe and confidential space so that each party will feel heard and understood by an external, impartial mediator who will maintain confidentiality. The mediator will work to diffuse hostile attitudes, to clarify communications and to challenge the discussion.

The mediation process offers a space for each of the parties to air their concerns to each other. The parties will get a chance to talk about their situation without interruption. Mediation is not about either party blaming the other party and it is not about who is right and who is wrong. The role of a Mediator is to provide a process where parties can hear and understand each other and will be able to reach an agreement that suits their interests and needs.

The Role of the Mediator

• To remain neutral and impartial in a dispute.
• To maintain confidentiality within the mediated process. The agreement reached by the parties will be confidential to them and the Mediator does not report discussions or agreements to anyone.
• A Mediator cannot be called upon to give evidence on behalf of either party at any stage. The process is without prejudice.
• To control the process of mediation while the Parties control the outcomes from the process.
• The role of the Mediator is not to advise the parties about what is the best solution, but to facilitate the parties to identify their own agreed solutions for the future. Neither is it a counseling role.

The Key Benefits of Mediation

• Mediation is the least costly and the most efficient of other approaches to address conflict, such as arbitration, litigation or industrial dispute.
• Mediation reduces the stress and conflict for the parties involved in a dispute. It prevents the polarization of each of the parties’ positions and the entrenchment of their views, which can often lead to an increase in bitterness and antagonism between the parties.
• Both parties in dispute are given responsibility for negotiating their own agreement without imposition from a third party such as a judge, an arbitrator or an adjudicator.
• It reduces the time investment by solicitors, accountants, managers or supervisors.
• The risks in employing mediation are low and the potential for a successful outcome is high.
• Mediation can be entered into without the Parties jeopardising their other dispute resolution options and, at any stage, people are free to choose to withdraw from mediation at any time.

Support Persons

There are occasions when Parties in mediation may request a Support Person to be in attendance during the process. Depending on the nature of the mediation, this could be a solicitor, an accountant, a trade union representative or a work colleague.

Legal and Financial Advisors

In the case of Civil and Commercial Mediation, the support of legal and financial advisors is crucial to the parties and the mediator will encourage the parties to seek advice throughout the process as appropriate. The attendance of solicitors during a mediation process is common. Solicitors also play a role in translating a mediation agreement into legal terminology and ensuring that the agreement meets all legal requirements.