what is mediation?

Mediation is a process in which an independent, neutral Mediator assists two or more disputing parties in resolving the dispute in a collaborative, consensual manner.

"Mediation is the most significant development in dispute resolution in my lifetime.  The development of Mediation has been a dynamic break-through in how we resolve our differences. The practice of mediation will come to dominate the landscape of dispute resolution.  This will happen simply because Mediation is such an effective way of resolving disputes.  Like everyone here at the MII I passionately believe in Mediation's potential to resolve even the most complex, intractable disputes. But it goes much further - in fostering resolution through negotiation rather than confrontation Mediation creates resolutions which last and promote well-being and happiness." (MII President)

Mediation is...

  • a form of ADR (Alternative Dispute Resolution).

  • a way of resolving disputes.

  • a process in which the Mediator assists the parties to negotiate a settlement.

  • a process of collaboration, not conflict.

  • a transformative, empowering process.

  • safe, respectful and voluntary.

  • constantly consultative - nothing happens without your input.

  • a process which invites an open mind.

Mediation has...

  • already resolved disputes exactly like yours.

  • a proven track record in achieving fantastic results in a wide range of situations.

  • a structure to identify issues and deal with differences.

  • a timetable, agreed with the parties, designed to meet their needs.

  • the flexibility to find dynamic and creative solutions when needed.

  • the potential to resolve any dispute.

Mediation can...

  • be applied to virtually any situation where two or more parties have differences they cannot resolve themselves.

  • involve just two parties or several or many participants.

  • resolve simple, single issue disputes or complex, multifaceted disputes.

  • be applied to commercial, legal, community, workplace and family disputes.

  • resolve even a difficult dispute in a short space of time.

  • involve the parties meeting directly but doesn't have to.

Mediation is not 

  • a substitute for legal advice - that's what lawyers are for.

  • a way of receiving counselling 

 

WHY MEDIATION?

There are many advantanges to the mediation process.

Empowerment: Mediation empowers clients to make their own decisions on what best suits their needs. If parties go to court, these decisions may be made instead by the Judge overseeing their case. 

Relationships: The mediation process can help to preserve relationships which can be beneficial for all involved in the dispute especially children. 

Confidential: The mediation process is completely confidential. If the dispute does end up going through litigation, information that was given in mediation cannot be disclosed to the courts. 

Cost: Mediation costs are substantially lower than litigation costs. 

Time: Mediation can resolve disputes much quicker then going to court. Some disputes can be resolved in as little as a couple of days. 

Success: Mediation has a proven track record of resolving disputes successfully in all different types of situations. 

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