Mediation
Mediation is an informal process for helping people who have a disagreement, however can work to sort it out for themselves without going to court. The mediator is a neutral third person in the process who encourages those in the dispute to talk to each other about the issues and work towards mutual resolutions.
What Is Mediation?
Mediation is a process by which a neutral third party called a mediator helps people in conflict negotiate a mutually acceptable agreement. The parties to the mediation control the outcome.
A mediator facilitates communication, promotes understanding, assists the parties to identify their needs and interests, and uses creative problem-solving techniques to enable the parties to reach their own agreement.
Unlike court or arbitration, no one imposes a solution on a party. If all of the parties do not agree to the result, the dispute remains unresolved.
Mediation gives parties much more control over the way their dispute or difference is dealt with and over the outcome. If negotiations have so far failed, mediation provides an alternative to pursuing litigation or other more formal processes. The scope for solutions is usually greater than the remedies available in courts and tribunals, or even in prolonged negotiation.
What Are The Advantages of Mediation?
There are many advantages to mediation, such as:
Affordable – Mediation costs considerably less than litigation
Efficient – The mediation process can usually settle a dispute within a few sessions. In some instances, with Josephine, a one-day service is achievable
Effective – Mediation statistically settles over 85% of initiated disputes
Informal -The process of Mediation is flexible and informal. It is not necessary to have legal representation during the mediation process
Empowering – Disputing parties are directly engaged in the negotiation of their settlement. Parties also enhance the likelihood of continuing their relationships by utilising mediation
Confidential – Information disclosed during mediation may not be divulged as evidence in any trial or judicial proceeding
The above information has been sourced from The Australian Mediation Association (AMA).
What is Workplace Mediation?
Workplace mediation is a cost-effective dispute resolution process where an independent party (The Mediator) assists two or more people via a meeting for a productive discussion about issues that need resolution and work to achieve ongoing workable relationships.
Some Benefits of Workplace Mediation
Each person has the opportunity to be heard throughout the process
The focus of the discussion is on the future relationship of the parties, providing an important way forward.
The mediator is an accredited independent party to the process.
Any outcomes of the mediation or facilitation are mutually agreed upon by the parties.
No outcome or solution is imposed on the parties by a third-party decision-maker.
The parties own their discussions and agreed-upon outcomes.
Mediation is a much more cost-effective method of dispute resolution than that of the legal process.
The mediation process is timelier than perhaps more formal processes and can normally be settled within a few sessions.
In some instances, with Josephine, a one-day service is achievable.
Successful workplace mediation can assist your organisation to strengthen ongoing internal and external working relationships towards achieving better outcomes for all parties involved.
The Process of Mediation
The process of mediation is a guided negotiation, helping the parties to communicate with each other, exploring the issues which are of real importance to them, and can often differ from their ‘rights’. The parties are encouraged to find ways to address their present and future needs, rather than dwelling upon who may have been right or wrong in the past.
Parties in mediation avoid the uncertainty and dissatisfaction often experienced via more formal processes where they have little choice but to accept the judgment made, which none of them may be happy with.
Everything said at the mediation is entirely confidential to the parties (unless specifically agreed otherwise) – unlike the potential publicity of court proceedings.
The mediation process is ‘without prejudice’, so that on the rare occasion that a settlement is not reached litigation may continue without the parties needing to worry about having ‘given away’ anything that the other could use in court.
Mediation is voluntary; any party may withdraw at any time.
The Mediation is arranged at a venue convenient to the parties. The Mediator listens to everyone’s point of view, talks to the parties privately and together, guiding them towards a mutual outcome.
Nothing is binding upon any party until mutual agreement is reached. Once an agreement has been prepared and signed, it becomes an enforceable contract between the parties.