Mediation

In this straightforward, party-centered negotiation process, a third party serves as a mediator, employing effective communication and negotiation techniques to amicably settle disputes. The parties maintain complete control over the procedure.
The mediator's sole purpose is to help the parties resolve their conflict. They do not impose their opinions or determine a fair settlement. Before the mediation process begins, the mediator ensures that all parties and their solicitors are present.
First, the mediator provides all relevant information about their appointment in the opening statement, clarifying that they have no affiliation with either party or stake in the issue.
During the joint session, the mediator invites both parties to present their cases and perspectives without interruption, allowing them to gather all necessary information and understand the facts and issues surrounding the disagreement. The mediator works to moderate interruptions and outbursts, fostering and promoting constructive conversation.
Next, there is a separate session where the mediator seeks to deepen their understanding of the disagreement, gathering specific information through private discussions with each party.
After hearing from both sides, the mediator begins to articulate concerns for resolution and devise settlement solutions.
When mediation negotiations fail to produce an agreement, the mediator may employ several Reality Check techniques, such as:

Considering alternatives outside of mediation, particularly litigation, and discussing the consequences of failing to settle—such as its impact on the parties’ relationships or businesses—can be beneficial for both the parties and the mediator.
The mediator also clarifies the parties’ perspectives on the potential outcomes of the dispute. Moreover, they assist the parties and their attorneys in accurately understanding the best, worst, and most likely outcomes through litigation. This approach helps the parties acknowledge reality and formulate practical and feasible proposals.

No Post Found

Practice Areas