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.
Mediation can be face-to-face or by zoom.
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 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 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.