The Mediation Process
There is no set process but the framework is followed which allows the mediator to be flexible in order to facilitate negotiations and hopefully reach a satisfactory solution.
Both parties must agree to mediation. Often this may be the only thing that the parties agree on at this stage. The contract agreeing the terms of the mediation is then completed by the parties preserving confidentiality and confirming details including date, location, representation, legal framework and costs.
Brief summaries of the parties’ cases are submitted to the mediator in advance of the meeting. You will be notified where to send your mediation papers in advance of mediation allowing the mediator to gain an understanding of the main elements of the dispute before the day.
The parties then come to mediation at which various techniques are utilized by the mediator through stages of Exploration, negotiation and settlement
THE FUNCTIONS OF THE MEDIATOR
Process Manager: Providing Control to the Process, conveying confidence in the process and keeping momentum going throughout negotiations.
Facilitator: Easing communications, defusing a hostile or provocative atmosphere.
Problem Solver: Bringing a clear creative mind to help the parties explore potential areas for solution without having any stake in the outcome.
Information Gatherer: Collecting and absorbing information. Identifying issues assisting the parties to focus on the essential issues and assess their situations.
Reality Tester: Helping the parties take a realistic view of their positions, taking stock and reflecting on their case, potential outcomes, risk and possible solutions.
Sponge: Soaking up parties feelings and frustrations helping them channel energy towards settlement.
Scribe: Assisting the writing of the settlement agreement making sure that the terms of any settlement are clear.
Upon joining the Nationwide Mediation Group our mediators have to meet strict criteria as part of the appointment process including providing evidence of suitable qualification and continued professional development in mediation our mediators also and have to demonstrate that they hold suitable insurance. We also operate a system of feedback so that clients can assist us to meet their demands and make suggestions as to how we may better strive for the highest levels of service.
We also require our mediators to comply with the European Code of Conduct in Mediation ensuring compliance with industry standards.
We also operate an internal complaints system in order that if any clients do wish to raise any issues concerning dissatisfaction there is an appropriate forum to do so and an effective response program in order to deal with any issues as quickly as possible should they ever arise.
We regularly review our administration systems, not withstanding whether or not we have received any feedback, in order that we might develop our service in accordance with developments in mediation and technology where possible.