Mediation

In Mediation, the parties to a dispute enter into a discussion with a view to resolve their disputes amicably. The parties are assisted by a neutral person – a mediator – who does not have the power to impose a settlement or a resolution on the parties. Options for settlement are explored and a settlement is worked out through joint evaluation. Mediation paves a way for continuation of relationship between the parties and provides a non-hostile atmosphere for negotiations and settlement. The participation of the disputants is voluntary, and the entire process of Mediation is confidential.

Process Cycle of Mediation

Advantages of Mediation

  • Neutral Third Party – The presence of a third party helps parties overcome likely initial hostility, unwillingness to discuss the issues, and barriers to communication and trust that arise in situations of conflict.
  • Autonomy – Assures autonomy of process and outcomes. The disputing parties retain the right to terminate the mediation process at any time, and most importantly to decide how the dispute will be settled.
  • Flexibility- Through mediation disputing parties are able to generate, consider and agree on terms that would best resolve their issues, rather than have a decision made for them.
  • Confidentiality– The discussions between the parties in mediation are protected by confidentiality, and if a settlement were not possible within the time the parties estimate, they retain the option of proceeding to arbitration or litigation.