Get on with your life, free of the stress and constant worry which so often accompanies a dispute
Mediation is a less costly alternative to litigation. It works well where both parties are willing to discuss and settle their dispute.
- MEDIATION provides a WIN-WIN outcome not achievable through litigation.
- MEDIATION encourages both parties to reshape their future, rather than rehash the past.
- MEDIATION is low cost, and is less contentious than litigation – you can still have a productive relationship at the end of the process.
- MEDIATION is a cooperative negotiation process, a collaborative process rather than a process fuelled by intimidation.
- MEDIATION is confidential, informal and achieves speedy resolutions.
How it works
Mediation can be regarded as negotiation, carried out with the assistance of a neutral third party – the mediator. The role of the mediator is to encourage between the parties the necessary communication - exchanges of information, feelings, and interests - that will lead the parties to their own resolution of the dispute. The resulting agreement is the work of the parties themselves. The mediator helps the agreement process, but does not suggest or devise the resulting agreement. The mediator, although not a party to the agreement, may help by writing up the agreement that the parties have come to.
Having the involvement of a neutral third party – the mediator – contributes to the high success rate of mediation.
The parties involved in the dispute participate voluntarily and the mediation allows for a free flow of information, essential to "clearing the air". Discussions with individual parties on their own, prior to, during, or after the joint discussions can often be helpful. Similarly, any party may have a discussion alone with the mediator, and may rely on continued confidentiality in respect of the content of any such discussions.
Advantages of Mediation
- Confidentiality - material and information introduced is confidential to the parties and the mediator, (although the law in a few situations may override this.)
- Agreements that are not forced on the parties >
- The freedom to select the location and the time of the resolution process
- A process which does not have ritualistic procedures of a formal court.
- T he process is usually much less expensive than formal litigation.
Mediation can be the best way to secure a mutually acceptable outcome that can assist the parties to move on from the dispute without destroying the relationship.
Is it time to act?
The earlier a dispute is bought to mediation the higher the success rate so act early to avoid the trap of developing entrenched positions.
If you think that mediation just might be a suitable option for resolving your dispute, call or email today.
We can then discuss the process of mediation, and how it could apply to your situation.
It's important for us both to decide whether mediation is appropriate for your case. Usually parties to the dispute share the mediator's costs
Disputes that suit mediation
Instances where mediation can be helpful in achieving resolution are:
- Business Partnership, small company interests
- Farming / sharemilking
- Neighbourhood / property issues
- Family disputes - sharing of assets, contesting wills, etc