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The Mediator's skill lies in the stewardship of the mediation
session. Mediation has been the subject of serious academic study since the 1980's. The modern mediator adopts structures
and employs strategies and techniques that through research and practice have proved to be effective. Mediaton
has its own intense dynamic and a mediator draws on an understanding of the nature of disputes and the process of negotiation.
It is a combination of the mediator's skill and the values that inform the mediation process that makes it work.
The core value is the participation of the parties, a participation that is based upon the participants having; - An informed understanding of what the process entails.
- Understanding that their presence is voluntary.
- Appreciating that the process is confidential.
- Realising
that their personal contributions are at the heart of the process.
The mediator
encourages the parties to co-operate in the process and to treat the mediation with dignity. The
emphasis in mediation is on empowering the parties, enabling them to personally air grievances and responses and to
move from the past to the future with solutions which they have helped to design.
The mediator seeks to set a context in which the parties can focus
their minds on possible solutions. While the mediators objective is to assist a resolution he/she has to ensure that the parties have
the confidence to walk away if what emerges as a possible agreement is truly not what they want. Mediation
does not compromise the parties entitlement to seek justice through the Courts if they do not resolve their differences
at mediation.
Confidential
The parties to the mediation, the mediator and any persons
attending the mediation are all bound by confidentiality. The nature and extent of this obligation
is set out in the agreement to mediate. The object of the confidentiality clause is to afford the parties sufficient
freedom to negotiate.
Cost Effective
Mediation can be efficient, the length of the process can
vary but many mediations can be completed within a day. Mediation can also be cost effective as there is no need to prepare
volumes of papers, there are no transcripts and the number of people attending is limited. The process can be embarked
upon early on in a dispute situation before signifcant costs have been incurred and before positions become deeply entrenched.
Coming to a Resolution
If an agreed solution emerges during the course of the mediation then
the final stage involves recording the agreement in writing so that the parties can rely on its terms and if the need arises
be in a position to have its terms enforced.
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