Mediation

What is Mediation? Mediation is a voluntary problem solving process. Mediation uses a neutral party to guide the parties involved in a conflict to a mutually acceptable resolution. Unlike an arbitrator, a mediator cannot impose a settlement; a mediator helps the parties themselves to decide on solutions that will work for them.

The mediator acts as a guide for the process, helping the parties involved in a dispute to identify issues and explore possible basis for agreement. It is a co-operative, interest based approach to conflict resolution.

Mediation encourages the parties to focus on “interests” versus “positions”. An interest focuses on individuals’ values, needs, hopes and concerns. It involves understanding the underlying reasons for the conflict. A position, on the other hand, is a fixed determination of either or both parties which is often stated as a demand.

In mediation, the mediator will attempt to have the parties express their interests, to find where they have common ground and build towards greater understanding between the parties. From that understanding, mutually acceptable solutions can be examined and agreed to.

Mediation does not consider whether the complaint is founded or unfounded; it does not focus on fault. Mediation is often future oriented, looking at what can be done to resolve the conflict to enhance future working relationships.

Mediation usually results in a signed agreement by both parties which sets out the terms under which the conflict can be resolved.

Mediation is:

• Voluntary – Parties to a dispute can choose to undertake a mediation process. They can also choose to withdraw at anytime, for any reason.
• Control – The parties have control over the decisions in a mediation process. The mediator assists the parties in crafting their own solutions, to meet their needs and interests.
• Informed – The parties are all fully informed about the process and what to expect. The process is intended to be transparent, rather than secretive.
• Future versus Past – Mediation focuses on the future and on what can be done to resolve the dispute. It does not focus on assigning blame.
• Confidential – Mediation is a confidential process. Any disclosures to the mediator cannot be disclosed without the permission of the party.
• Agreement – Mediation normally results in an agreement, after the parties have developed solutions. All parties must freely agree to the terms of the agreement.