How the Mediation Process Works?
Civil and Commercial mediation is a voluntary and confidential process that helps people and businesses resolve disputes without going to court. An independent, trained mediator works with all parties to help them reach a mutually acceptable agreement.
Rather than imposing a decision, the mediator facilitates constructive discussion, helping everyone explore solutions that work for them.
One of the keys to mediation is the desire from each party to participate fully in the process. This is facilitated by the knowledge that anything discussed with the mediator in private sessions will remain confidential between that party and the mediator.
The confidentiality extends to an eventual court process if the mediation fails. Nothing discussed in mediation can be used against any party later in court.
The role of the mediator
The mediator is:
- Independent and Impartial.
- Does not take sides or make decisions.
- Helps the parties communicate effectively and
- Keep the discussions productive.
- Keeps the process structured and productive
- Is focused on practical solutions, not blame.
- Assist in exploring options and solutions.
- Help resolve matters in the parties' own terms.
How Mediation Works?
1-Agreement to Mediate: Both sides agree to attempt mediation and appoint a neutral mediator.
2- Preparation: Each party explains their position and provides relevant background information to the mediator.
3- Mediation Meeting: The mediator meets the parties together and, if needed, separately, to explore issues and options.
4 - Negotiation and resolution: The mediator helps the parties move towards a practical, workable agreement.
5 - Settlement Agreement: If an agreement is reached, it is recorded in writing and, if appropriate, made legally binding.