Mediation

Alternative Dispute Resolution Specialists

What is Mediation?

Mediation is generally defined as the process by which someone tries to end a disagreement by helping the two sides to talk about and agree on a solution.

The acceptable third party has no authoritative decision-making power but rather assists the involved parties to voluntarily reach a mutually acceptable settlement of the issues in dispute. In addition to addressing substantive issues, mediation may also establish or strengthen relationships of trust and respect between the parties or terminate relationships in a manner that minimises emotional cost and psychological harm. Below are the mediation services offered:

Our definition states that a mediator assists disputing parties. Assistance can refer to very general or highly specific activities. Here follows some of the more general roles that the mediator may assume in assisting parties in resolving disputes:

  • The opener of communication channels, who initiates communication or facilitates better communication if the parties are already talking.
  • To test the legitimacy of the parties and help all parties recognise the right of others to be involved in negotiations.
  • The process facilitator, who provides a procedure and often formally chairs the negotiation sessions.
  • The resource expander, who offers procedural assistance to the parties and links them to outside experts and resources that may enable them to enlarge acceptable settlement options.
  • The problem explorer, who enables parties in dispute to examine a problem from a variety of viewpoints, assist in defining basic issues and interests, and looks for mutually acceptable options.
  • The agent of reality, who helps build a reasonable and realistic settlement and questions and challenges parties who have extreme and unrealistic goals.