What is Mediation?
Mediation is a flexible, confidential, and voluntary method of alternative dispute resolution. An independent third party - one of our experienced mediators - will facilitate negotiations between two conflicting parties to help them come to a consensual settlement.
The mediator will have an active role in the negotiations, helping identify the issues and possible compromises. They do not, however, have any legal power. Unlike an arbitrator or judge, a mediator will not make decisions during the mediation process and nothing the mediator states or suggests is legally binding in the eyes of the court. It is important that the two parties are ultimately in control of the process and the outcomes of the mediation.
Mediation provides a private and confidential forum in which the conflicting parties can listen to each other's positions and gain insight into what the other party truly wants. In doing so, mediation has the potential to:
Help conflicting parties to have open conversations that may usually be difficult to have constructively.
Help parties remain calm enough to recognise, understand and empathise with the other’s emotions and position.
Explore all of the issues and concerns that parties have that the other side may not have considered previously.
Encourage long term communication between parties to try and prevent future conflicts by helping them to develop the skills necessary to resolve difficulties themselves.