What is Mediation?
Mediation is a process where the parties try to work out an agreement between themselves with the help of a mediator. The mediator works with the parties to identify the issues and to reach their own agreement. Mediation can be useful because the you and your spouse determine the outcome of your divorce rather than having a judge decide. Mediation is designed to give both of you an opportunity to safely express yourselves. If you do not feel you have equal power or if you feel unsafe, you can stop the mediation process at any time without reaching an agreement.
Mediation is a process that involves a mediator, i.e., a neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator’s primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.
• It is a very quick inexpensive and private way of settling any dispute • from one worth many millions of pounds (or dollars) to one worth a few hundred • between persons or corporations in any country or countries, • within and across International Boundaries. • It is particularly appropriate when the parties wish to have an ongoing business relationship. • It works well however many there are in the dispute, and whatever the dispute is about. • It is “Without Prejudice” and completely private. • It is suitable for Building Disputes, Personal Injury Cases, Partnership Disputes, Negligent Claims, Contract Disputes, Patent or Trade Mark Disputes – or indeed any dispute, (but we do not normally supply mediators for Matrimonial Disputes).
With mediation, negotiation between two or more groups of people is assisted by a neutral third-party mediator. “Third-party” means that the mediator does not work for the EUB or any of the concerned parties. A mediator may be selected by the participants from a roster maintained by a multistakeholder committee and available on the EUB Web site. The mediator’s job is to help parties reach a solution that is agreed to by everyone. EUB staff are available to attend mediation sessions as a resource and support to all the parties.
Mediation may be thought of as “assisted negotiation.” Negotiation may be thought of as “communications for agreement.” Hence, mediation is “assisted communications for agreement.” Central to mediation is the concept of “informed consent.” So long as participants understand the nature of a contemplated mediation process and effectively consent to participate in the described process, virtually any mediation process is possible and appropriate. Key Qualities of the Mediation Process Voluntary – You can leave at any time for any reason, or no reason. Collaborative – As no participant in mediation can impose anything on anyone, everyone is motivated to work together to solve the issues and reach best agreements. Controlled – Each participant has complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on you. Confidential – Mediation is generally confidential, as you desire and agree, be that by statute, contract, rules of e
