Mediation

Mediation

What is mediation?

Mediation is a type of alternative dispute resolution, a way to resolve a dispute or conflict without litigation.

Mediation is a process by which a neutral third party called a mediator helps people in conflict negotiate a mutually acceptable agreement. The parties to the mediation control the outcome. A mediator facilitates communication, promotes understanding, assists the parties to identify their needs and interests, and uses creative problem solving techniques to enable the parties to reach their own agreement.

Unlike court or arbitration, no one imposes a solution on a party. If all of the parties do not agree to the result, the dispute remains unresolved.

Mediation gives parties much more control over the way their dispute or difference is dealt with and over the outcome. If negotiations have so far failed, mediation provides an alternative to pursuing litigation or other more formal processes.

Kate, you managed a mediation session with my staff. It has made a huge difference in the communication within the team. I wanted to write and let you know how much it has helped in the day to day running of our work place.
- Jen T (Manager)

What are the advantages to Mediation?

• Affordable – Mediation costs considerably less than litigation.

• Efficient – The mediation process can usually settle a dispute within a few sessions.

• Effective – Mediation statistically settles over 85% of initiated disputes.

• Informal -The process of Mediation is flexible and informal. It is not necessary to have an attorney represent you during the mediation process. However, some individuals feel more comfortable with attorney representation.

• Empowering – Disputing parties are directly engaged in the negotiation of their settlement. Parties also enhance the likelihood of continuing their relationships by utilising mediation.

• Confidential – Information disclosed during mediation may not be divulged as evidence in any trial or judicial proceeding, except so far as required by law or with the consent of the parties.

Online Dispute Resolution (ODR) is a branch of dispute resolution that uses online technology to facilitate the resolution of a dispute between parties.

Beginnings in the late 1990s, ODR was initially conducted over email. With the technological revolution and the rise of the online global marketplace, came the rise of conflicts where parties are often on opposites sides of the globe.

ODR enables businesses, governments, and consumers to achieve the best resolution possible in the shortest amount of time. It can be used for disputes between family members, separated parents, employers and employees, businesses and customers, teachers and parents, and any other communicating parties.

It maintains the benefits of other dispute resolution such as:

• More efficient outcomes than court system

• Avoids costly legal fees

• Allow participants more control over the process

• Confidential

• Uses a neutral mediator to facilitate the process

ODR brings benefits that other dispute resolution methods can’t, such as:

• Overcoming Geographical distance between parties,

• Safety issues – parties not wanting to be in same room or even same building

It is, as its name suggests, mediation (dispute resolution) conducted online.

ODR has now developed from its humble email beginnings to be delivered via customised online platforms that offer,

• Waiting rooms

• Separate breakout rooms,

• Secure document sharing,

• Meeting room passwords to ensure security,

• Real time negotiations,

• Shuttle negotiations when parties don’t wish to be in direct communication with each other during the mediation.

• Less emotional reactivity and lowered distraction from body language during in person mediations

• Secure file sharing

Online Dispute Resolution fills a gap in the mediation process when people need a fast, inexpensive, efficient way to resolve conflict when participants can’t be physically present.