Mediation is a form of Alternative Dispute Resolution where a
neutral third party known as the mediator, assists disputing parties in
reaching a voluntary and mutually acceptable resolution to their conflict.
Mediation Process:
Introduction and Opening Statements: The mediator introduces
themselves and explains their role in the process.
Joint Session: The parties may have a joint session where
they, with the guidance of the mediator discuss the key issues in the dispute.
Private Caucuses: The mediator often conducts private
caucuses, meeting separately with each party to understand their concerns and
interests confidentially.
Identifying Issues and Interests: The mediator helps the
parties identify the underlying issues and interests that need to be addressed.
Generating Options: The parties, sometimes with the mediator's
assistance and generate potential solutions to the issues at hand.
Negotiation and Agreement: The parties engage in negotiations
with the goal of reaching a mutually agreeable resolution.
Drafting an Agreement: If an agreement is reached, the terms
are typically documented in a written agreement.
Closing the Mediation: The mediator ensures that all necessary
details are addressed and that the parties are satisfied with the agreement.
Key Principles of Mediation:
Neutrality
voluntariness
Confidentiality
Informed Decision-Making
Empowerment