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MEDIATION

Mediation is a process where a neutral third party, the mediator, helps disputing parties define issues and reach an agreement. There are different types of mediation including facilitative, transformative, and settlement conferences. Good mediators have qualities like communication skills, empathy, impartiality, credibility, and maintaining confidentiality. Court annexed mediation refers cases in litigation to mediation for possible settlement. The stages of mediation include opening statements, joint discussions, private discussions, negotiation, and reaching a settlement. Mediation has advantages like being informal, confidential, and cost effective while allowing parties control over outcomes, but it also has disadvantages like not being binding and unsuitable in some disputes.

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57 views

MEDIATION

Mediation is a process where a neutral third party, the mediator, helps disputing parties define issues and reach an agreement. There are different types of mediation including facilitative, transformative, and settlement conferences. Good mediators have qualities like communication skills, empathy, impartiality, credibility, and maintaining confidentiality. Court annexed mediation refers cases in litigation to mediation for possible settlement. The stages of mediation include opening statements, joint discussions, private discussions, negotiation, and reaching a settlement. Mediation has advantages like being informal, confidential, and cost effective while allowing parties control over outcomes, but it also has disadvantages like not being binding and unsuitable in some disputes.

Uploaded by

angelkatao311
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MEDIATION

It is a process which involves a mediator who helps the parties define and understand the issues
and each side’s interests to come into an agreement.

Types of mediation

1. Facilitative Mediation- rather that making recommendations or imposing a decision, the


mediator encourages disputants to reach their own voluntary solution by exploring each
other’s deeper interests. The mediator keeps his views regarding the conflict hidden.
2. Transformative Mediation – mediators empower diplomats to resolve their conflict by
encouraging them to recognize each other’s interests. It can be efficient in solving
workplace disputes.
3. Settlement conference – an opportunity for the parties in a case to discuss issues and
make their own decisions as to how to resolve these issues.

Qualities of a good mediation

1. Communication – knowing how to work with and for a diverse group of individuals. Be
able to listen and understand the needs and interests of the parties involved.
2. Empathy – it strengthens and enriches your understanding of others and enhances your
ability to motivate and influence them.
3. Confidentiality – mediation is a confidentiality process and an excellent mediator has to
maintain the confidentiality.
4. Impartiality – an excellent mediator does not take sides or impose a solution.
5. Credibility – he must be able to articulate complex situations and concepts and provide a
clear and accurate assessment.

Court annexed mediation

It’s a form of Alternative dispute resolution whereby cases which are brought to court for
litigation are referred to mediation for possible settlement.
What happens when my case is referred for mediation

 After the decision is made for your case to referred to mediation, you will be notified within
seven days
 Three mediators will be nominated from the register of judiciary’s accredited mediators and
you will be notified of their names.
 Within seven days to notification, you have to state your preferred mediator from the three
names, in order of priority, and inform the MDR of your preference in writing.
 After informing the MDR will appoint the mediator to handle your case.

Stages of mediation

1. Opening Statements – each party has an opportunity to set the basic scene and outline
facts of their issues, introduce them to the case dispute and provide a general road map of
how the trial is expected to unfold.
2. Joint discussions – the mediator encourages the participants to introduce themselves and
present what they view to be the facts and the desired outcome of the dispute.
3. Private discussions – the mediator may have private sessions with either party to further
understand the dispute and their desired outcomes.
4. Negotiation – a discussion between the parties to allow the parties to come to an
argument that reflects their interests.
5. Settlement – it is the mediation’s agreement which spells out the decisions, the intentions
and future behaviour.
 Mediation takes within 60 days from day of referral to mediation.
 A party to mediation has a duty to act in good faith in the mediation and co-operate with
the other party in the settlement of the dispute.
 The Civil Procedure Act section 59A and 59B spells out the details on mediation.
 Article 159(2) Judiciary authority shall be guided by alternative forms of dispute
resolution including, conciliation, mediation, arbitration and traditional dispute
resolution.
 A party to mediation must be represented by any person and the role and personal details
of the representative shall be disclosed to all parties.
 The Civil procedure Act provides that an agreement reached in mediation shall be legally
binding

Pillars of mediation

1. Voluntariness
2. Self-determination
3. Neutrality
4. Confidentiality
5. Enforceable agreements

Termination of mediation

1. When the parties sigh a written settlement agreement.


2. When the mediator, after consultation with the parties, makes a written declaration that
further attempts of the mediation are unnecessary
3. When one of the parties makes a written declaration to the mediator to terminate the
mediation.
4. On the expiry of three months from the date of referral to mediation.

Advantages of mediation

1. Informal
2. Confidential
3. Cost effective
4. Outcome is within the control of the parties.
5. Provides a range of possible solutions.

Disadvantages of mediation

1. It is not binding until both parties settle the agreement.


2. It is not suitable when a party needs protection.
3. Unsuitable where there is imbalance between the parties.
4. Can be difficult if either party is withholding information.
5. It may not be appropriate if one party requires public disclosure.

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