Mediation
Mediation, as defined in the Mediation Act 2017, is, "a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolving the dispute".
Stages of Mediation
01
Preparation
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Mediator ensures no conflict of interest and competent in the area.
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Mediator and the parties meet and build rapport.
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Exchange of information packs.
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Mediator explains process and structure of mediation.
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Mediator highlights confidential nature of mediation.
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Mediation session is arranged.
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Attendees are confirmed.
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Agreement to Mediate is signed by parties.
03
Agreement
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The parties come to an agreement.
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Legal representatives of the parties will draft a mediation agreement to which all parties will sign.
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Once settlement is reached, it is legally binding.
02
Mediation
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Mediator introduces session and explains structure of same.
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Each parties delivers opening statement.
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Mediator facilitates questions, answers and comments.
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Parties move to private sessions and the mediator moves between both, exploring each parties' reality in an effort to make progress.
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Negotiation - can be direct and/or indirect. Mediator will challenge positions and ensure parties are aware of their best and worst alternatives to an agreement.