Mediation

A mediator has special skills in getting parties to identify what their interests are and what they really want from one another. A popular example is of two children fighting over an orange. The mother found that one wanted the peel in order to make a cake and the other wanted to eat the flesh.

There will normally be an agreement to mediate the dispute. This will establish some of the rules of procedure, confidentiality, a neutral venue, costs and authority of the representatives etc. Then the mediator will meet with the parties together and separately. The mediator is neutral but by discussion can assist the parties to understand one another, as well as the consequences of failing to agree, and perhaps to consider alternatives. If an agreement is reached it is entirely an agreement of the parties. They can then continue to work together in the future without any remaining acrimony. This is a win-win situation as opposed to the win-lose, or even lose-lose, result of an arbitration or court process. If an agreement is not reached between the parties then nothing is lost except a small amount of  time and modest costs.

Mediation is most conveniently done on a face to face basis but is increasingly possible at a distance.

If you have a dispute and would like to discuss the possibilities for its resolution whereever you are in the world contact us.