MEDIATION

What Is Mediation?
Mediation is a voluntary and confidential form of resolving disputes.  It involves an independent mediator helping two or more individuals, or groups, to reach a solution that is acceptable to everyone involved.

Mediators do not make decisions or sit in judgement.  It is the parties themselves who decide how the dispute can be resolved and whether they want to draw up an agreement at the end of the process.

Mediators ask questions to help the parties understand the issues involved from the perspectives of each participant.  They help the parties reveal any underlying problems and therefore clarify the options for resolving their dispute.

Mediation can be used for many kinds of dispute – workplace, domestic, neighbourly – if those involved want to find a way forward and are seeking to resolve the issue. It can be used at any stage in a dispute but the earlier the better.

Agreements reached through mediation are not legally binding or enforceable.  They are binding in honour only but are highly effective because they have been reached by common consent and are agreeable to all parties.  They have not been imposed by the mediator or any third party or court.
Where all parties agree written agreements can be drawn up but this is not essential.

Mediation is not likely to be suitable if a party wants to enforce a legal right, or if they are looking for someone to decide the ‘rights and wrongs’ of an issue.

How Does Mediation Work?
The mediator usually talks to all parties separately to find out about the dispute, how it is affecting them and to explore how things can be resolved.

The mediator won’t take sides or express a personal opinion about the dispute.  It is NOT the mediator’s role to judge who is right or wrong.  All parties can talk to the mediator openly because everything that is said is confidential to the mediation service and will not be passed on to the other parties or to any other forum.

Then, if all parties are agreeable and it is appropriate, a joint meeting can be held. At this meeting all parties will have a chance to outline their views, without interruption from any other party or the mediator.

From those uninterrupted comments a list of key issues will be jointly drawn up and discussed, with the mediator asking questions to help the parties view the situation realistically and to come up with an agreeable resolution.

There is no necessity for a written agreement to be produced although this can be done if all parties want one.

What Are The Benefits Of Mediation?
There are a number of benefits of mediation, both to individuals involved and to commissioning groups who may fund the process.

• Mediation is quick.  Most disputes are resolved after the initial meetings and one or two joint meetings.  Some disputes are resolved after the initial meetings.  ACAS claim 80% of disputes can be resolved within a day of joint meeting.
• Mediation is cost-effective.  There are no protracted communications between the parties, no legal costs and no financial penalties.
• Mediation ensures control remains in the hands of those involved.  There is no decision by a third party after hearing the ‘evidence’.
• Mediation is more likely to lead to long-lasting resolutions.  Because the parties involved have to agree any resolution rather than have a verdict imposed upon them, they are far more likely to abide by any agreement.
• Mediation is more likely to preserve relationships between parties because the parties themselves resolve their issues.
• Mediation is impartial and confidential.

Where Does Mediation Take Place?
Initial meetings can take place at the workplace, home or any other suitable location where a private, confidential conversation can take place.  This meeting can last up to 1.5 hours.

Any joint meeting is usually held at a neutral venue, acceptable to all parties.  This meeting can last up to 3 hours.

Can Parties Be Represented At Mediation?
Parties can bring other people to mediation but it should be noted that the discussions are confidential and therefore any invited person should acknowledge that understanding.

Mediators should be told of any other people who will be attending a joint meeting as all parties involved should be aware of who will be present and be in agreement.

However the mediator will expect the parties involved to speak for themselves rather than through a representative as disputes are usually very personal matters and it is important to hear first-hand how things are affecting those involved.

How Much Does Mediation Cost?
Mediation between two parties is likely to cost £700 for the two initial meetings and a single joint meeting.  Most disputes are resolved after these three meetings.

There is a maximum of three joint meetings and so the cost is effectively capped at £1,300, although it is extremely rare for three joint meetings to be held.

The cost increases proportionately if there are more than two parties involved.

This is significantly cheaper and quicker than allowing a dispute to enter the legal process.

The Centre for Effective Dispute­Resolution (CEDR) has reported that in 2010 it was estimated the commercial mediation profession alone saved business around £1.4bn ‘in wasted management time, damaged relationships, lost productivity and legal fees’.

The CEDR also estimates that the value of mediated cases each year is  approximately £5.1bn.

To read the full article on how mediation can avoid costly litigation click here.

If you are interested in discussing mediation, please contact us for a detailed break down of our costs.  Discounted contracts are available for organisations wanting to use mediation regularly with a commitment of a minimum number of cases per year.  Cheaper rates are available for family mediation.

If you are interested in training as a mediator please contact CAOS Conflict Management.