MediationMediation is a well proven and tested alternative to a traditional court case. Both parties play an equal role, and together with the mediator look for a solution that is acceptable for both parties. It promotes reconciliation between the parties, enabling them to maintain or restore a harmonious relationship and preserve their bond of trust.
As a result, mediation can take as little as a few weeks, even up to a few days.
Ongoing Relationship Between the Parties
The mediator is responsible for establishing a positive climate that will encourage fruitful and constructive dialogue.
Whereas in judicial proceedings parties often take an entrenched positions and attempt to convince the judge that they are completely in the right, mediation is a flexible process which tends to focus on the points on which the parties are in agreement and, above all, their respective needs.
In mediation, the parties do not have to convince the mediator that their respective positions are right. The solutions explored during the mediation process take the opinions ofboth parties into consideration and are designed to be mutually acceptable to both parties.
The parties at the center of the mediation process
The mediator focuses constantly on balance and equality, and must make sure that the parties understand the consequences of the agreements reached and the rights each party retains.
- Application by the parties
The two parties involved in a conflict can decide to submit their dispute to mediation; at this point they can either choose a mediator together, or contact a specialized organization to locate a mediator.
- Execution of a mediation clause in a contract
The best way to provide for mediation is to include a mediation clause when the two parties enter into a contract.
Applying a mediation clause that is already contained in a contract is a popular way to initiate mediation. This type of clause enables the parties to submit any dispute arising out of the contract to mediation. In this type of clause, the parties agree to submit their disputes to mediation (first) rather than to a court.
- During a judicial proceeding, with the agreement of the parties
The parties start mediation on the recommendation of the Judge if they are already involved in a court proceeding.
Successful mediation often ends with the signing of an agreement. This may take place at the end of the mediation process, or after the parties have had the agreement examined by a legal advisor or any other party of their choosing.
Appropriate Cases for Mediation
Collective bargaining between labor unions and management is one of the most familiar models of mediation. Workplace disputes between business partners, co-workers, or supervisor and employee can be mediated to correct particular problems and continue productive relationships. Contract disagreements, shareholders disputes, real estate disputes, construction conflicts, and cases between landlord and tenant are also common.