What is Mediation?

Mediation is “a process in which an impartial and independent third party facilitates communication and negotiation and promotes voluntary decision making by the parties to a dispute to assist them to reach a mutually acceptable solution”, (M.I.I definition, 2006). The aim of mediation is to assist the parties to resolve conflicts. Mediation works because it helps the parties to resolve even the most difficult disputes in a practical way. It deals with their real interests and needs without the risks and costs of further court proceedings. The parties achieve their own solution without an imposed decision.

What is the role of the Mediator?

A Mediator is “a trained professional who facilitates the process of mediation whilst acting at all times in accordance with the principles of impartiality, integrity, fairness and confidentiality, with respect for all parties to the dispute and in accordance with the Code of Ethics” (M.I.I definition, 2006).

The mediator acts as a neutral chairman, clarifying arguments, focusing the participants on the REAL issues, and guiding those in dispute to a mutually acceptable solution.

How Long Does It Take?

This depends on the complexity of the parties' circumstances, but mediation typically takes between 3-6 meetings. However this can be compounded into a full day.

Is It Legally Binding?

An agreement to mediate is a legally binding contract, whether in writing or not. Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it, becomes an enforceable contract between the parties. A legal agreement can be drawn up from the document by solicitors.

What Are The Benefits of Mediation?

  • Quick: the mediation itself aims to be completed in no longer than a day. Mediation also saves management time.
  • Private: the process is confidential. All notes are destroyed at the end of the process.
  • Without prejudice: anything said cannot be used in any other proceedings.
  • Reduce stress: the process enables the parties find solution to the conflict, which removes the stress experienced build up from avoiding the conflict.
  • High success rate: 90% of disputes are resolved via mediation.
  • Flexible and win/win: the parties determine the outcome. Solutions are found that are acceptable to both parties.
  • Positive relationships: mediation frequently enables an on-going positive relationship between the participants.

How Much Will It Cost?

Renewal Consultants aim is to help you to choose the most cost effective solution to your dispute. We have a flexible service, and will tailor it to your requirements. Please contact us to discuss the options to best manage and resolve the dispute/conflict.

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