What's it all about?
Mediation is an alternative dispute resolution tool.
It is an active and empowering process, and it generates any number of solutions that are creative, liveable and acceptable to both parties
A mediated resolution with a signed agreement IS LEGAL AND BINDING.
Mediation's clear advantages
Complete Confidentiality
- Privacy of all parties is maintained
- Content of all discussions remains confidential
- Only the mediator and disputing parties know the details
- All notes created during the process are destroyed immediately thereafter
Time Efficiency
- A set amount of time is allocated
- A process is firmly in place prior to beginning
- A process with a clear beginning and ending
- No disruption to business through repeated court appearances
Cost Effectiveness
- No high costs from long drawn out legal dispute (that is without a guarantee)
- Any financial settlement comes with the advantage of confidentiality
So what exactly happens in a mediation?
- Mediation (through the mediator and process) guides disputing parties towards creating a resolution for themselves.
- The resolution is clearly stated in a voluntary, functional and durable agreement that echoes both parties' individual needs and common ground.
How does mediation differ from litigation?
- Mediation produces a win-win outcome.
- Mediation returns the dispute to the parties - who then work under the guidance of the mediator to achieve the most workable and practical outcome.
- The setting is informal and non-adversarial.
- The parties are not bound by formal legal processes or precedents. Therefore they are free to explore any number of creative ways to resolve the conflict in a mutually agreeable way.
- The disputing parties themselves have the power to resolve things - not a court.
- Because of this high degree of personal input and involvement, mediated disputes tend to have higher levels of compliance with the settlement.
While litigation remains the appropriate course in some disputes and in clear breaches of the law, its primary remedy is awarding damages according to blame.
Unlike mediation, litigation cannot address personal and professional relationships, many of which may need to continue following the ruling.
A mediator is an agent of change - Su Lloyd
The role of the mediator
An accredited mediator:
- Is an independent, neutral and impartial third party
- Facilitates the process
- Assists parties to identify and articulate their concerns to each other
- Is the facilitator of the discussion and negotiation process
- Uses specialist techniques to assist the parties to move towards a mutually agreeable resolution
The human benefits of mediation
Apart from a mutual agreement, there are benefits which may not be seen immediately. Over time they may have a profoundly positive effect - in a business and personal context:
- Liveable outcomes for both parties are achievable and likely to be maintained for the future.
- Imbalances of power are managed to ensure fair and equitable outcomes for the parties.
- Seeing the dispute and its issues in a new and neutral light often encourages a new understanding of and appreciation for the other party's issue.
- Addressing the critical human need to be heard and understood when aggrieved is a deeply powerful remedy in itself.
- Participating voluntarily in determining an outcome may lead to aspirations of greater personal and professional conduct and integrity between the parties.
I'm ready to get started. How do I do this?
Contact Lloyd Mediation - see our details on the Contact Page
Make an Enquiry electronically by clicking here
