Mediation is a form of Alternative Dispute Resolution. At its essence mediation is designed to be a non-confrontational resolution process which facilitates parties in reaching a solution which the parties choose themselves. Unlike negotiations or litigation, mediation intends to find a resolution with the parties collaborating rather than compromising, one party winning and one party losing, or a decision being imposed upon them.
On the day of the mediation the mediator will often start by meeting with each party individually. They will introduce themselves, explain the schedule for the day and hear from each party the outcome they are hoping to achieve from the mediation and how they think this might be reached. The mediator may also use this opportunity to set out their ground rules for mediation. Mine are:
-
1.
Mediation is voluntary and the parties can leave at any time, but I ask the parties to meet with me before they take this decision
-
2.
Only one person can speak at a time. Listening to and understanding the other party in mediation is key to reaching a resolution that both parties are happy to agree
-
3.
Language must remain polite and professional
-
4.
Everything that occurs during the mediation is confidential and cannot be discussed outside of the participants- much like in the film Fight Club.
This is a preview of subscription content, access via your institution
