What To Expect During Mediation

What To Expect During Mediation

Engaging in mediation can be a crucial step towards resolving conflicts and avoiding lengthy, expensive court proceedings. Whether it's a workplace mediation or a case involving property mediation, understanding the mediation process can make all the difference. In this article, we will delve into what you can expect when you come to Kannen Mediation for conflict resolution.

Understanding the Mediation Process

The mediation process is an organised approach to dispute resolution where an impartial third-party (the mediator), facilitates conversation and negotiation between conflicting parties. Unlike in a formal court setting, mediation is designed to be confidential, informal, flexible, and cooperative. Working with a mediator offers participants the opportunity to express their individual needs and concerns. At Kannen Mediation we work to ensure all parties are heard, all perspectives are understood and all options are considered. A successful mediation will usually result in the issue being kept out of court.

Initial Arrangements

Before mediation begins, you will typically go through what is known as an ‘intake session’. This is where the mediator will get to know you and the conflict you are seeking to resolve. During the intake session, the mediator will explain the roles of everyone involved. They will outline the procedure for mediation, highlight potential benefits, and confirm all parties are willing to engage in the process.  The mediator will take down all the details of the dispute and information about all of the relevant parties and from this, they will determine if the matter is suitable for mediation. 

The Role of the Mediator

Working with a mediator is central to the successful execution of mediation. A mediator helps steer discussions, enabling each party to express their views and listen to opposing perspectives. They are skilled professionals with national accreditation, and are qualified to assist with alternate dispute resolution. Mediators are trained to maintain neutrality, ensuring a balanced dialogue and a non-confrontational atmosphere.

Steps in the Mediation Process

1. Opening Statements: After the intake sessions have been held with all parties, the session starts with all parties gathering in one place. This could be in person, online or in separate rooms where a shuttle mediation is requested. The mediator explains the rules, and each party is given the opportunity to offer an opening statement to the mediator, presenting their goals and objectives for the mediation. The mediator will usually start developing an agenda from the opening statements which the parties will have the opportunity to review and put in the order they wish to address the issues. 

2. Private Sessions (Caucus): Sometimes, the mediator may meet privately with each party. These sessions are confidential, allowing individuals to speak candidly about their issues. Private sessions are usually held before the joint discussions, but they can happen whenever required.

3. Joint Discussions: After understanding each party’s view, the mediator will guide participants towards common issues in need of resolution. This phase is critical in the mediation process as it encourages creative solutions and compromises.

4. Negotiation and Resolution: The mediator aids in negotiating the terms and brainstorming solutions. This phase underscores the essence of alternative dispute resolution (ADR), aiming to reach a mutually beneficial agreement rather than a winner-takes-all outcome.

5. Closure: If the parties reach an agreement, the terms will be documented while the resolution might be informal or non-binding (except if legally documented), it enables parties to leave the session with clear understandings and agreements. If no agreement is reached, other conflict resolution services may be sought, or court action could be considered if necessary. 

Types of Mediation Available

Not all disputes are the same, and at Kannen Mediation we adapt to accommodate these differences:

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Family Dispute Resolution: also known as FDR, is mediation required by the court for couples in dispute over property settlements and/or parenting arrangements post-separation. If resolution cannot be reached in mediation, the practitioner can issue a s60I certificate to advise the court that you have tried mediation before bringing the matter to court.

Workplace Mediation: This type focuses on disputes between employees or between employers and employees, often addressing conflicts related to job roles, work conditions, and interpersonal issues.

Property Mediation: Common in dealing with disagreements related to property settlements, whether in personal contexts or within commercial settings. It helps facilitate discussions surrounding asset distribution without court intervention. 

Whatever the context, mediation as a form of out of court conflict resolution can prevent the emotional stress and financial burdens typically associated with litigation.

Conclusion

Navigating the mediation process can initially appear daunting, but in the hands of a good practitioner, it stands as a pragmatic and often more peaceful way to tackle disputes. By understanding the roles and expectations, and engaging with an accredited mediator, parties can reach an amicable agreement without the need for costly and drawn out court proceedings. As you explore potential alternative dispute resolution (ADR) options, Kannen Mediation offer a pathway that encourages harmony, cooperation, and mutually beneficial solutions. Embrace the benefits of mediation to turn conflict into an opportunity for positive change.