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How does mediation work?
Mediation is a facilitated and confidential conversation between people who have a disagreement they are seeking to resolve. Mediation is a process used to resolve conflicts and disputes between parties with the assistance of a neutral third party, the mediator. The goal of mediation is to facilitate open communication, identify underlying issues, and help the parties involved reach a mutually acceptable agreement. Mediation is a voluntary process, and all participants need to agree to mediation. Once everyone agrees to mediate a meeting is set up and participants work together or separately with the mediator moving between the rooms, to find common aims, and areas of agreement, and to facilitate discussion where there are differences. In the vast majority of cases there is a positive outcome and agreements are reached. Mediation is confidential and 'without prejudice' meaning discussions cannot be taken to a court, and participants are able converse openly. Depending on the type of mediation, decisions reached by the participants may be binding in an agreement that is written and signed by the participants at mediation, or made in good faith without a written agreement. Mediation may be single session or involve follow-up meetings according to the type of mediation it is and to what the participants agree.
What are the benefits?
The voluntary nature of mediation often results in a more cooperative atmosphere compared to formal legal proceedings. Parties have control over the outcome and are actively involved in shaping the resolution. This can lead to more satisfying and sustainable solutions. Mediation focuses on preserving relationships rather than escalating conflicts. It encourages dialogue and understanding, which can be particularly beneficial in situations where ongoing interactions are necessary. Mediation can be quicker and more cost-effective than going through a formal legal process, such as litigation or arbitration. Typically involving private discussions, mediation can encourage parties to be more open and honest about their concerns and needs. Mediation takes place in a more informal setting, which can help parties feel more comfortable and open to expressing their viewpoints. The collaborative nature of mediation allows for creative and flexible solutions that might not be available through traditional legal avenues. This can lead to outcomes that better meet the parties' unique circumstances. Participants are more likely to comply with agreements reached through mediation, as they have actively participated in crafting those agreements.
" You are a mix of being both empathetic and effective! Thank you so much for all your help and support!" Connie D.
"The way you instinctively seemed to say the right thing and to wait for me to think through what you've said, have literally changed my whole viewpoint and understanding on how to go forward. I am so grateful to you! Thank you" Peter H.