How Mediation Works
Mediation begins when those involved in a dispute agree to use mediation to find a resolution. This can happen by:
- One person contacting the mediator and the mediator then approaching the other people involved; or
- The parties agreeing between themselves to use mediaton and then approaching the agreed mediator; or
- Lawyers or other advisors suggesting mediaiton and who the mediator might be; or
- A Court directing or suggesting that the parties use mediation.
Once everyone agrees to use mediation the chosen mediator then works with the parties to bring about a resolution.
Meeting together
I usually begin mediation by meeting with each side separately. These meetings are confidential and I do not reveal what I hear to anyone else.
After the preliminary meetings a date is set for everyone to meet together. This meeting usually starts with an opportunity for everyone to say how they see things. From there I guide the meeting to assist you and the other parties to come to an agreement that resolves your dispute. In some cases more than one group meeting may be required. Once a resolution has been reached it is put into a written agreement which is legally binding.
Lawyers and other advisers
If you are in a Court process you will probably already have a lawyer working for you. You might also be receiving advice from an accountant, an engineer, a building expert or other adviser. These professionals can help you greatly with resolving your dispute. They can give you legal and other advice and practical tips as to how to approach things. They will often have years of experience in resolving disputes and you can have the benefit of their wisdom. They can also play a very important role during the group mediation meeting - providing advice and an objective view of the process and where things are at.
Court Proceedings
You do not have to be involved in a Court proceeding to go to mediation. If you are, mediation takes place alongside but separate from these formal proceedings. Everything that happens in the mediation process is 'without prejudice' to the Court proceeding. This means that the mediation is confidential and nothing you say or do in the mediation process can be used for or against you in Court.
Mediation Agreement
At the start of the mediation you are asked to sign a written agreement covering the mediation process itself. This agreement includes such things as confidentiality, costs, and the legal effect of the mediation process. This will be explained to you at the time and you will have a chance to take advice on it if you wish. You can see a copy here.