Mediation

Why Mediation?

  • Litigation is often 10 x more costly than mediation. Studies have shown that Mediation can resolve conflicts at a fraction of the cost.
  • In situations where there is an on-going between parents, neighbours, or colleagues mediation provides a much more satisfying and sustainable solution.
  • Conflicts are an inescapable part of life.
  • They can be processed for everybody’s benefit.
  • Positive change follows well managed conflict.
  • Unhealthy cycles of conflict can be broken by listening carefully to hidden messages in the way conflicts unfold.
  • Gaining insights into the way we communicate (or fail to communicate) will benefit your life and that of your family.
  • Conflicts are opportunities for learning more about ourselves and each other. Conflict Resolution sessions can guide you in your learning process.

The Mediation Process defined:

  • is a voluntary process for disputants wishing to resolve their conflict. It is geared towards finding common ground and workable solutions for seemingly insoluable problems.
  • The Mediator is a neutral guide who provides equal support to all parties of a conflict. He listens to all disputants in turn, identifies issues and helps them find solutions.
  • The aim of a mediation session is to reach agreement about one or several issues and to establish a process of implementing them.
  • Mediation as a way of resolving disputes has been proven over many years to be successful and very beneficial for couples, families and neighbourhoods.

Basic Outline of the Mediation Process:

Setting the Stage:

  1. Explain that as a mediator you will help the disputants come up with their own solutions, without taking sides nor giving advice nor telling them how to solve their problem.

  2. Ask the disputants to agree that they will:

    1. Try to solve the problem
    2. speak with respect and avoid engaging in personal attacks
    3. Speak one at a time without interrupting each other
    4. be as honest as they can
    5. keep confidential everything that is said during the mediation session

Getting the stories out

  1. Ask disputants in turn “what happened?” After he/she has finished, restate what was said and ask clarifying questions. Show that you are listening by reflecting back.
  2. Ask each disputant to restate how the other person feels and why.
  3. Ask each disputant what they need to feel that the conflict is resolved.
  4. Ask “Is there anything else?

Updated: 5 February 2007 |