About Mediation
Mediation is a process where the Mediator helps parties to listen to and be heard by each other, to work out what the disputed issues are and what is important to each party and to develop options to resolve the dispute. Often underlying emotional issues can be a block to reaching agreement and the Mediator can assist the parties to work through these issues. The Mediator creates a safe and supportive environment in which the parties can have a constructive and rational discussion. Often misunderstandings play a key role in creating conflict and a Mediator is trained to assist the parties to develop a better understanding of the issues between them. The Mediator will assist the parties to consider alternatives and will reality test the various options with each of the parties. If an agreement is reached, the Mediator can assist the parties to write up the terms of the agreement.
Mediators do not take sides or impose decisions on the parties. Nor does a Mediator provide counselling or give legal or financial advice.
A large proportion of disputes are resolved at mediation. Even if a dispute is not fully resolved, in most cases mediation can improve understanding and communication between the parties and narrow the issues in dispute.
To prepare for mediation each party should- obtain legal and financial or other technical advice, if needed
- think about the information needed to be presented to the other party and what the party considers are the issues in dispute
- work out the party's best case scenario and worst case scenario