What is Mediation?
Mediation is a unique way of resolving conflict. It involves:
- An independent, impartial, mediator working with the parties involved in a dispute to enable them to resolve the conflict by proposing their own mutually agreeable solution(s)
- The mediator not imposing the solution, unlike other types of Alternative Dispute Resolution (ADR), such as arbitration. Thus the outcome of mediation is often referred to as a ‘win-win’ solution, and overcomes the feelings of resentment and ‘losing’ associated with litigation and the courts.
- A future focus: In many situations, the parties will have to work with each other during or after the dispute and mediation is more successful at rebuilding relationships than other forms of conflict resolution
- Acknowledging feelings as well as facts
- Allows the expression of anger and lets people move forward.
The process usually involves a separate initial meeting with each party to hear their version of the issues and then, if the mediator considers that the dispute can be mediated, proceeds either on a 'shuttle' basis or in a joint meeting. This occurs in a neutral venue.
Out of Conflict Mediation…
- is confidential
- is voluntary for the participants
- will save time and money by avoiding expensive and drawn-out court or tribunal proceedings
- enhances self-esteem
- facilitates an enduring solution as both sides will have had the opportunity to express their underlying negative feelings and focus on future relationships
- is part of a national move to find alternative, appropriate and sustainable ways of dealing with disputes and conflict