What is mediation?
Use of an independent impartial and respected third party (the mediator) in settlement of a dispute, instead of opting for arbitration or litigation. Unlike an arbitrator, a mediator does not force acceptance of a decision. He uses his skills to help the parties get on speaking terms, resolve miscommunication, listen to each other and to understand the other parties motives and interests. In one or more sessions the parties themselves find a resolution of their dispute, which meets the interests of all those concerned.
Mediation procedure
In a mediation the parties themselves hold responsibility and control over the process of finding a resolution of their dispute. If they are unsuccessful in doing so, they can still bring the matter to court.
Confidentiality, pragmatism and an open dialogue are the main features of mediation. The parties` discussions and negotiations are confidential. The mediator speaks with all parties separately in confidential sessions. That makes it possible for the mediator to see solutions, which the parties would not have reached by themselves.
When mediation is successful the result is laid down a binding agreement.