Archive for the ‘What is Mediation?’ Category

The Mediation Process

The Mediator will arrange a mutually convenient meeting between the parties as soon as is practicable after the case has been referred to him/her. A number of such meetings may be necessary. Written submissions are not required from either party in the case of mediation.
Mediated Settlements

If the mediation process results in an agreement acceptable to both sides to a dispute, the Mediator will draw up a written record of the terms of the settlement for signature by the the parties involved. This document is known as a memorandum of understanding. The parties will then have an opportunity to take legal advice on this document before the signing of same.

The agreement if executed by the parties can then be ruled by a court (where appropriate) or incorporated into the terms of a legally binding agreement.

Mediation is conducted in Private

Mediation is conducted in private, and will be conducted directly between all of the parties invloved. The Mediator will act as an independent facilitator to both sides. Either party may withdraw from the process at any time by notifying the Mediator in writing that they wish to do so.
What if mediation does not work?

If, during the course of mediation, the Mediator decides for any other reason that the case cannot be resolved by mediation or one party withdraws, s/he will send notice to both sides.

You can resolve many types of problem at mediation through dialogue and positive discussion in a positive environment.

Mediation is;-

-a negotiation to resolve differences that is conducted by an impartial party

-the act of intervening for the purpose of bringing about a settlement

-a form of alternative dispute resolution (ADR) or “appropriate dispute resolution”, aims to assist two (or more) disputants in reaching settlement of outstanding issues.

The Option of Mediation

Mediation is an alternative method of resolving disputes. The mediator helps both sides reach an agreement rather than imposing a decision.

Mediators are not judges and do not provide parties with legal advice or impose conditions on parties.

The entire process is voluntary and requires the co-operation of both sides to work. It is commenced voluntarily and can be concluded at any point voluntarily.