Mediation is a consensual process which assists individuals in resolving conflict.
The goal of mediation is for all parties to come to a fair and reasonable agreement that meets their significant needs.

Mediation provides all parties with an opportunity to discuss their differences with the help of a neutral third party – the mediator.  The mediator role is to facilitate helping the parties create a win/win scenario.

Mediation is “without prejudice”, which means anything that is said within the process can not be used in a court of law.

Negotiation: is any form of communication between two or more people for the purpose of arriving at a mutually agreeable solution. During a negotiation the individuals involved maintain control over the negotiation process. 

Mediation: is a non-binding process in which an impartial third party, the mediator, facilitates the negotiating process between the parties involved. In mediation, the mediator controls the process with the help of the individuals involved. 

Arbitration: is a process in which a neutral third party, or an odd-numbered panel of neutrals, renders a decision based on the merits of the case. In arbitration, the individuals involved are able to maintain varying levels of control over the design of the arbitration process. However, once the parameters for the arbitration process have been set by the parties the arbitrator assumes control over the process.

Litigation: is a process in which a judge makes a binding decision after a full hearing. The individuals involved have almost no control over the process, no choice of judge and no control over the outcome. 

Individuals within the mediation process have greater control in the outcome of their dispute. Within the arbitration or litigation process a third party makes the decisions.

For individuals who want or need to retain an effective and healthy ongoing relationship, mediation reduces frustration and anger while encouraging future cooperation.

Mediation is a confidential process and “without prejudice”.

It is the most cost effective, compared with other forms of resolving disputes – especially litigation.

A good place to start is in understanding what you would benefit from entering the mediation process as opposed to say litigation. 

In the past it became standard practice to settle disputes in court however, if you choose to have ‘your day in court’ the outcomes are, in the main, out of your control.  If you wish to have more control over the process and outcome mediation is a better option than arbitration or litigation.

Additionally, if you wish to maintain a direct or indirect relationship, for whatever reason, with the other individual(s) involved, you may want to consider mediation as your first plan of action. 

The risks of mediation are minimal. Since mediation is voluntary, you (or the mediator) can leave the negotiation table at any time. None of the parties involved can be pressured or coerced into accepting any agreement that does not meet their significant needs.

The success of the mediation process is highly dependent on the motivation and willingness of the individuals involved to engage in the process. 

Attaining desired outcomes directly relate to the willingness of all parties to create a win/win resolution. A resolution that is reasonable and fair and meets everyone’s significant needs. 

Once all the parties have agreed to attend mediation a mutually convenient date and time will be set for the mediation process to begin.

• At the beginning of the process the mediator explains their role and negotiates the purpose, structure and guidelines (how the parties will interact with one another) of the mediation process with the individuals involved.  
• Then each party gets ‘uninterrupted time’ to share their view of the situation. 
• During the ‘problem solving stage’ the mediator’s job is to help the parties develop and discuss options that will result in a win/win resolution. This is done by helping individuals think through their choices, as well as any potentially durable options the parties have come up with.
• When appropriate the mediator will direct the conversation to discussing implementation of the durable option(s) agreed upon by the individuals involved. It is not the job of the mediator to write or create any legally binding agreements.  However they can write up an outline of what the parties have tentatively agreed to.

Throughout the process the mediator’s role is to facilitate an effective negotiation process between the individuals involved. This is done by:

• Assisting the individuals in identifying the key issues that need to be addressed and what may be driving these issues. 
• Keeping the mediation process focused on the issues.
• Helping to create a space of safety by managing the dynamics of the communication between the parties and ensuring that the parties feel their issues and concerns are heard. 
• Assisting the individuals involved to develop and discuss options with one another and help them think through the options raised.
  

The length of any mediation is determined by a variety of factors such as the:

• Complexity of the issues
• Complexity of the relationships
• Number of participants
• Genuine willingness of the individuals involved to explore and come to a win/win resolution

While some mediation processes are successfully completed in three or four hours others can take much longer.

Guide to Mediation fees:

• ½ day Mediation – often a ½ day is enough
  Fee: $600 - $1,000 plus tax (depending on travel distance and complexity)
• One day Mediation
  Fee: $1,200 - $2,500 plus tax (depending on travel distance and complexity) 
• One day Mediation – more than two parties
  Fee: by arrangement

All travel and accommodation expenses are chargeable in addition at net cost plus tax. Key expenses will be advised in advance.

It is expected that the parties will arrange, book and pay for the venue if one is needed.

Fees are payable in advance on presentation of invoice.

Cancellation charges: 50% of the fee will be payable if cancelled less than 7 days prior to the mediation.

The above is only a guide.  Why not contact Ruth for more information?

Contact Ruth to set up an initial discussion, which will assist in clarifying and fully appreciating your individual or organizational needs.