Mediation

Alternative dispute resolution

Mediation is a form of alternative dispute resolution which is a method of resolving disputes between two or more parties. A third party known as the mediator assists both parties to negotiate a settlement which is achieved through collaborative problem solving between the parties involved in the dispute. This is a process which focuses more on rebuilding as opposed to blaming the opposing party and strives to come to an agreement more efficiently with as little enmity as possible.

The mediation procedure

Both parties have to agree to mediation when proposed by a party, as everyone is visited by a mediator who will examine the sides of the dispute by questioning and looking into their current situations. After information has been gathered on all the parties involved, the mediator will then explain how exactly the mediation will be carried out. The process will then begin in an orderly manner with each party explaining their view and also listening to each other's. Once an agreement has been reached it is put into writing and then signed by each party, including the mediator. This is not a binding contract; it is up to the parties to decide to make it legal or not.

Advantages of mediation

Mediation is generally a successful process mainly due to the fact that both parties have the opportunity to let the case and feelings be heard. In many cases this is sometimes all someone wants and their view to be accepted. The process is more personal and prevents any intimidation and more often than not it will find a middle ground where at first it seemed unlikely. The process is also quick and efficient, lasting around 4-6 weeks or even less. There are certain types of mediation that are also free, for example neighbour mediation. Another advantage to mediation is that it is all confidential and private as all the notes produced in the mediation are destroyed.