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Benefits of Mediation

It is now widely known that mediation offers many benefits in contrast to other forms of resolving conflict.  Customarily, most matters were resolved in a more formal judicial system often leaving parties without having their needs or interests met.  Here are some benefits of mediation

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  • More timely resolutions

  • Reduced cost and time of resolving conflict

  • Restored, improved and transformed relationships

  • Participants learn effective communication and often prevent future conflict

  • Participants feel that they have been heard and understood

  • Participants feel that they contributed to the resolution

  • Provides an informal process conducive to reducing participant anxiety

 

 

 

 

There are typically 3 stages of the mediation process.  Each stage is conducted with professionalism, respect and free from bias.
 

What should you expect in a mediation process?

At the Office

Stage 1- Pre-Mediation

Case Development

In the pre-mediation stage, the mediator will receive information and documentation on the matter and begin to prepare for the mediation.  This stage allows the mediator to meet with each party individually to discuss their interests, needs, and desired outcome. The mediator will explain the process, elements of the Agreement to Mediate, and will prepare the parties for the mediation. It is during this time that the mediator will build a rapport with the parties and ensure that they trust that the mediation will be a safe space for open discussion. 

Work Meeting

Stage 2- Mediation

Facilitated Discussion

The mediation will be conducted at a time and place that is agreed upon by the parties involved. Most mediations are scheduled for half a day (3-4 hours), however some may extend over a few sessions depending on the complexity of the matter. The mediator will greet parties and will open the mediation conveying guiding principles for the process.  During the mediation, parties will have an opportunity to express their perspective on the dispute and will actively listen to the perspective of the other party. At some point the mediator may ask for a ‘caucus”, which is a private and confidential meeting with one of the parties.  This meeting may be to provide clarity on an issue or interests, discuss possible resolutions, or to allow the party an emotional outlet before returning to discussions.

A couple at a business meeting

Stage 3- Brainstorming

Agreement

The hope of mediation is to encourage parties to work towards an agreement, terms of which have been identified and agreed upon by the parties and not the mediator.  This agreement should include terms that both parties agree they can live up to and abide by.  A Memorandum of Understanding (MOU), which will include tangible and practicable items, will be drafted and signed by both parties. 

While the ultimate goal of mediation is to reach and agreement, mediation without a settlement has often seen some wonderful outcomes.  Some parties have reported improved communication, a better understanding of others’ perspectives, and a greater understanding of ones own needs, interests and their ability to express same.  The mediator may follow-up with parties after a specified period of time to provide on-going support if necessary and agreed upon.

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