The Possibilities of Mediation
Often Mediation can be the easiest, quickest and least expensive way of resolving conflict or settling a dispute. The idea of using a Mediator (as a “Neutral”) is to facilitate the repairing of trust or hurt, or damaged relationships, or settling a dispute between individuals, or groups of individuals.
Mediation is a confidential and informal process which allows parties to discuss their differences and enables them to make decisions which will work best for them in the future. The process is voluntary and can be as flexible as the parties require it to be to enable them to discuss, negotiate and decide on the issues which divide them. In this way, parties have control of the process itself and the outcome.
Mediation can be used in a large variety of situations and circumstances, including:
- Disagreements and disputes between parties to a commercial contract (including business, trade, commerce, insurance, intellectual property and complex, technical matters);
- Damaged relationships in the workplace (between co-workers, managers and staff, within a team or work group, as a result of perceived bullying, harassment or discrimination, and unions and management);
- Disagreements and disputes between business owners, partners or members of an alliance (particularly in small, family owned businesses, or professional partnerships);
- Disagreements and disputes between neighbours and within communities regarding matters of joint interest or in response to planned changes and developments; and
- Disagreements within industry and professional associations (over resource allocation, decision making, or profit sharing).
If the dispute isn’t resolved through Mediation to the satisfaction of the Parties, they haven’t prejudiced their ability to exercise other options to resolve their differences. It’s difficult to imagine why parties to a disagreement or dispute would not try Mediation as a means of working through their differences.
A non-exclusive list of the possibilities for Mediation is attached.
To organise a Mediation, or to discuss the prospective use of a Mediation, please Contact Paul Gibson.