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