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.
- 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 that invites an open mind.
- 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.
- 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.
If your relationship has broken down and you want to take steps to arrange for separation it is very worthwhile considering family mediation as a way of doing this. Family mediation is a process of working out the practical details in a setting that will allow you both to achieve an agreement that allows each to have a say but resolves disputes in a non-conflictual way.
The framework provides you with the opportunity to negotiate your own settlement on the assumption that the decision to separate and/or divorce has been made. You may decide to consult a solicitor at the beginning of the mediation process to ensure that you know your legal position, even though you will negotiate directly with your spouse in the mediation process.
Mediation and Your Children
If you have children their care will be an important focus in the mediation. The reality of one parent leaving the other is almost always a shock to children. Parents, who are going through the mill themselves, may not realise the extent to which children can feel hurt and be bewildered by the separation.
Children may have some sense that they are being considered if they know you trying to work something out in mediation that will allow you to both continue to see and care for them, even though you are living apart yourselves. Keeping the interests of the children to the forefront while you are trying to work on a parenting plan means that you both recognise and accept that they have rights, which may at times diverge from those of either of their parents.
End of Life Mediation
When we receive the worst possible news, people may wish to put past differences to rest in a meaningful way to look forward to a peaceful future with those who are important in their lives. End of Life Mediation may also support people to put into place agreed outcomes for future decisions.
Mediation can support these conversations.
You are free to consult with a solicitor at any time during the mediation process and should do so, so as to ascertain your legal rights and entitlements, and also if either of you is not clear what the legal implications of your choices are. In any case, you will need to have a solicitor prepare legal documents based on the decisions reached in mediation, which will allow both of you to finalise matters between you.
The goal of workplace mediation is to resolve differences and deviations, between personalities or groups within the workplace situation.
Workplace mediation is a confidential space that gives employees and employers in disagreement the chance to work with an independent mediator to work towards a self-determining agreed outcome to the issues. Workplace mediation is a voluntary process as with all mediations all parties need to voluntarily agree to attend
If a solution is not reached, the mediator will inform the parties of alternative methods to work through the conflict.
- It is a voluntary process, all parties must agree to participate
- Anyone who wishes to withdraw from it may do so at any stage
- The whole process is confidential unless the parties agree otherwise
- It is fast and starts as soon as every one is available
- The mediator is impartial
- Its focus is to find a solution to the dispute which is agreeable to all parties and which will work.
The aim of the process is to allow each person involved in the dispute the opportunity to be heard and to work with the other party to reach a solution. It is a flexible process that may involve joint meetings or meetings with the mediator alone, depending on the particular situation.
Why use workplace mediation?
The advantage of using workplace mediation is that it allows a problem to be resolved informally, by ensuring that all the sides are heard. As they work together to solve the problem, the resolution of it is in the control of the participants. Where they are committed to a mutually agreed solution it is likely to be more effective and last longer. Also, workplace mediation is used before the issue is referred for adjudication.
The type of situations that are dealt with by the Mediation Service include:
- Where there are personal differences or people have problems working together
- Where a working relationship has broken down
- Where issues have arisen from a grievance and disciplinary procedure
- Where there are industrial relations issues that have not been referred through statutory dispute resolution processes.