What Cases Are Eligible For Mediation
Mediation is a private and informal method of resolving disputes without relying on a judge’s or jury’s verdict. The involved parties in mediation meet with an impartial third party to find a solution to a disagreement that is acceptable to both sides. In mediation, parties are not compelled to agree to a settlement. Instead, the mediator promotes communication to assist the parties in reaching a consensus. Often, attorneys are not involved in mediation, and parties typically represent themselves during the mediation process.
What types of disputes can be mediated?
Mediation is accessible for the majority of non-criminal disputes. However, many non-violent criminal cases, such as those involving verbal harassment, are frequently resolved through mediation. Mediation is also a viable option for claims that do not involve a legal concern. A dispute with a neighbour over an expanding bush or the brightness of their outside lights, for instance, is hardly the type of claim that warrants a lawsuit. In such a circumstance, it may be prudent to seek mediation to resolve the disagreement.
Problems involving divorce and custody of children, as well as conflicts between family and friends, neighbours, business partners, landlords and renters, and labour unions and management, frequently include mediation. In certain countries, mediation is required when child custody cases and neighbour disputes arise.
The Benefits of Mediation
In certain circumstances, mediation may be preferable to litigation. Mediation offers the following benefits:
- Confidentiality. With a few exceptions, the parties’ statements during mediation are secret and cannot be used in a future lawsuit. In contrast, court cases are issues of public record.
- Less expensive than a lawsuit. Cases that are resolved through mediation cost far less than court costs.
- A quicker alternative to going to court. Mediation can be completed in as little as a few hours or sessions, but lawsuits can take years to conclude.
- The parties decide. The parties in mediation determine the resolution, not a judge or jury.
- The parties have direct communication. Instead of talking through attorneys, the parties communicate directly with one another.
What takes place during Mediation?
In the vast majority of mediation cases, the following occurs:
Introduction. The mediator describes the mediation’s rules and procedure.
Declarations by the parties. Each party is permitted to describe the dispute.
Identification of the controversy. The mediator will question the parties to acquire a deeper understanding of the conflict.
Private caucuses. The mediator will hold private meetings with the parties in order to gain a deeper knowledge of each party’s position and evaluate potential alternatives.
Negotiation. The mediator will assist the parties in reaching an agreement.
Written agreement. The mediator may put the agreement in writing and ask the parties to sign it if the parties find a resolution.
What Mediation is and its benefits.
When there is a dispute at mediation can be used to find a resolution and agreement for the future.
Mediation is handled by an impartial third party. The mediator is neutral. This means that they take sides. They are there to aid all sides in reaching an agreement on which they can all agree.
It is not about deciding who was good or bad in the past, but instead how to compromise on future arrangements.
Mediation is a rapid method for resolving workplace disputes and is:
- less official
- flexible
- voluntary
- confidential
Please Call Family Mediation Service today for more information on how we can assist you. We have experienced mediator’s who have extensive knowledge of the mediation process, and a great success rate when it comes to resolving conflicts between disputing parties who are struggling to find a way forward.
