Mediation – Resolving Disputes Together
Mediation is a form of dispute resolution. It can be, and often is, a satisfactory alternative to going to court. Simply defined, mediation is directed negotiation. That is, the parties who are in conflict arrive at a mutually acceptable resolution by negotiating directly with each other, as aided and guided by the mediator. Everyone who is a party to the conflict is also a participant in the creation of the solution.
Mediation works because it offers the parties an opportunity to communicate directly with each other. They can express to one another what is at the centre of the dispute, without the possibility of it being used against them. Often the disagreements brought to mediation involve emotional, financial or factual issues, rather than legal principles, and these are generally better dealt with across a table than in a courtroom.
In addition, all parties to a mediation are bound by confidentiality. Knowing this encourages each participant to speak freely, and to identify their needs and interests as well as their optimal outcome.
Having a mediator who has insight, knowledge and expertise, along with a sense of integrity and the ability to be creative, will lead mediation participants to a satisfactory resolution through effective mediation.