Mediation

What is Mediation?

Mediation is used as an alternative way to attempt to resolve disputes.  When successful, it can help save time, and the costs and stress of a protracted legal process.  At whatever stage it is used, it can be a very effective way to achieve resolution, often by means not available through the courts.

What is involved in mediation?

The parties to the dispute mutually agree the choice of mediator. Mediators are independent and their role in a nutshell is to help facilitate resolution. The process is voluntary and completely confidential. The mediator will guide parties through the process, providing a safe space to engage, often helping them to understand the differing perspectives, priorities and/or motives of the other, and the potential outcomes or consequences if resolution cannot be achieved and the full legal process is pursued.  The mediator will structure the day, and will listen, primarily, reframe and sometimes challenge. The mediator’s role is not to advise or judge, but to facilitate the process. Throughout, the aim is ultimately to focus on and achieve a resolution to the dispute.

The mediation session

The core of the mediation session is made up of a number of elements. These include:

• Opening statements – outlining the process and the role of the mediator
• Uninterrupted time – giving each party an opportunity to express the key points about the conflict
• The exchange – held either as joint meetings or private confidential meetings between the mediator and each party separately
• Exploring the options – attempting to shift the discussion into the future. For example, what would you like to see happen? What would prevent this situation from happening again?
• Constructing the agreement – beginning to document ideas for solutions and testing thoughts with each party
• Writing the agreement
• Closing the mediation

There are various kinds of dispute that can be mediated. At Ellisons, we can assist you with:

• Employment and Workplace Mediation
• Business Mediation
• Contested Trust and Probate Mediation

Subject to conflict of interest checks, we take instructions from non-lawyers, individuals, professional contacts and other legal advisors.