MORE ABOUT MEDIATION
What is Mediation?
Mediation is a process by which a trained mediator helps people whom are in dispute work out an agreement. It is the parties involved in the mediation, not the mediator, who decide on the terms of the agreement. The mediation is facilitated by a trained mediator. The process is voluntary and confidential throughout. The outcome of mediation is often an agreement which focuses on improving relationships and conflict resolution.
Benefits of mediation:
It is quick and can be organised as soon as reasonably possible, normally within 2 weeks of parties agreeing to mediation.
It is mediated by a qualified mediator.
It is confidential and without prejudice, and can be informal.
What are the aims of mediation?
To resolve disputes at an early stage and reach more satisfactory outcomes.
To provide a genuine alternative to outside formal procedures, where the resolution is achieved quickly through a facilitated confidential conversation.
To provide you with a route of dealing with conflict at an early stage to avoid stress, and possible future Court Attendance.
The Mediation Service
The mediation service is provided by one of our mediation team who has completed an accredited mediation programme. This team represents a wide range of department grades and experiences.
To access the mediation services interested parties can approach us directly. Potential mediation cases can also come through other representatives for example as ordered by the Courts or Social Services and other departments.
Mediation can only be used where both parties in dispute agree to mediation and where both party's agree that the conversation is to be and remain confidential.
The Mediation Process
Once the mediator has spoken to both interested parties and mediation has been identified as suitable for the case, with each party agreeing to mediation, the case will be referred to one of our team of mediators. Sometimes a co-mediated model may be required which involves two mediators mediating each case. Mediation will normally be arranged quickly and the actual mediation will, in most cases be completed in one day. Both parties will be asked to complete a mediation preparation plan and provide any documents to the mediator to support their case. The mediator will look over the case to become familiar with-it including meeting with Individual parties to discuss further prior to the main joint mediation session. Once in the main joint mediation meeting, which is confidential, a facilitated discussion aimed at moving towards an agreement will take place. These can be both either in joint sessions or individual sessions. Once an agreement has been made by both parties the mediator will reduce it to writing for both parties to sign. At this point the agreement is binding and your mediation has been a success.
Should an agreement not be reached and require further contact, this would be agreed during the mediation meeting between all parties.
Illustrative examples of when mediation is most effective:
The parties know one another.
Maintaining a working relationship with the other party is important.
One party feels uncomfortable “confronting” the other side unless someone else is present.
Tensions or emotions are impeding communication.
The parties work together or for other reasons cannot avoid the conflict situation.
When time is important.
The parties doubt their own ability to work out the problem.
The issues are complicated by an emotional element (e.g., anger, distress, anxiety).
The parties’ actions involve others either directly or indirectly.
One or both parties wish to avoid a formal proceeding.
Illustrative examples of when mediation is not appropriate:
Where there is criminal or illegal activity involved.
The parties involved have no control over the issue in dispute.
Parties are unwilling to participate.
Where an external judgement or decision is required.
Parties do not wish the process to remain confidential.
In the event that one or more of these situations becomes apparent during the mediation, the mediation process would no longer continue and the mediator will end the session.
Data and processing
All notes and paperwork after the mediation will be destroyed (other than invoices for the mediators’ services) All other paperwork will be shredded and digital data digitally shredded.