What is Mediation?
Mediation is one of the alternative dispute resolution process by which a neutral third party called a mediator who facilitates people in conflict to negotiate a mutually acceptable agreement. The parties to the mediation has the full control of the process and reach on an outcome which suits them. Mediation gives parties much more control over the way their dispute or difference is dealt with and over the outcome. If negotiations have so far failed, mediation provides an alternative to pursuing litigation or other more formal processes. The scope for solutions is usually greater than the remedies available in courts and tribunals, or even in prolonged negotiation.
Who is a mediator?
The purpose of mediator is to facilitate, communicate, promotes understanding, assists the parties to identify their needs and interests, and uses creative problem solving techniques to enable the parties to reach their own agreement. Unlike court or arbitration, no one imposes a decision on either party unless they convert the agreement into consent orders for court. If all of the parties do not agree to the result, the dispute remains unresolved and either party have full right to proceed to court if they want to.
There are lot of benefits in having a mediation process than court process. It includes:
1. Less time consuming.
2. Cost effective process.
3. Flexibility as per your need.
4. Voluntary process. No one binds you to attend the session. Any party can leave the process at any time.
5. Confidentiality. Statements made in mediation are confidential and not disclosed to anyone except if there is any child protection issue or any person's life or property is at risk then mediators are mandatory report to repot it to the appropriate authorities.
6. Satisfaction: Because of the fact that parties come to the negotiation which suits their need satisfy them more than court orders.