The mediation process encourages communication, identifies issues, explores options and assists mutual problem-solving. This promotes positive relationships and increases participation between parties.
Increasing the involvement and understanding among the participants in the decision-making process, building trust and improving the quality of the relationship can successfully address conflict and disagreements.
What do you need to do to take part in mediation?
You need to be able to openly discuss the issues involved in the conflict by bringing any information that is felt to be important/relevant to the process. You must also be prepared to listen to the views of the other parties involved.
So how does mediation work?
The procedure before the mediation
Mediation is a voluntary process so it is only possible if both sides agree to it. The mediator will talk to both sides to ensure their agreement.
If there is an agreement to mediate, any party can fix a date for the mediation. Once the date is fixed, each party pays their fee.
Preparation
Each party will prepare a short briefing statement for the mediator. This statement will briefly set out the facts and issues as far as that party is concerned. Copies of key documents should be supplied with the statement, such as any relevant contract. The parties may agree on the key documents to avoid duplication, but it is not essential.
It is preferable for each party's briefing statement and any documents to be lodged with the mediator a week or so before the mediation. A copy should be sent to the other side at the same time.
Any party can also, if they wish, prepare a confidential briefing statement for the eyes of the mediator only - the mediator will keep it confidential and not communicate its contents to any other party unless specifically authorised to do so.
The mediator may visit the solicitors on each side briefly before the mediation to introduce himself or herself in an informal way, but in any case, would usually telephone the solicitors on each side (or the parties themselves if there are no solicitors) before the mediation.
The mediator will clarify that all parties will have an authority to settle the dispute at the mediation.
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