The Mediation Process
Mediation is a process in which an independent, neutral Mediator assists two or more disputing parties in resolving the dispute in a collaborative, consensual manner.
Mediation is a broad term for a conflict resolution process that can be used for any type of dispute.
Depending on the type of conflict, different process models can be used.
The Mediator works with parties in a series of sessions over a period of weeks, or over the course of one day. You do not have to be in the same room as the other person.
Once both parties have confirmed that they are happy to try mediation, an appointment will be made with each party for an individual pre-mediation session.
In this session, the Mediator learns about the issues and explains the mediation process as well as addresses any concerns.
At this pre-mediation session, an agreement to mediate is signed by each party. This outlines the principles of mediation as well as the ground rules for the joint mediated sessions.
The following principles of mediation are adhered to throughout the process.
Everything you tell the Mediator is confidential. No information relating to the mediation will be passed on to anyone else without the consent of the parties.
Mediation is a voluntary process and the parties, and the mediator can terminate the process at any time, if it isn’t working.
Mediation is a self-determining process, the parties decide what will be discussed. The Mediators' role is to assist the parties in collaboratively negotiating a settlement.
The Mediator is impartial and does not take sides and helps parties to negotiate so that both their interests are taken care of.
When an agreement is reached a mediation agreement is drawn up. When this is signed by both parties this becomes a legally binding agreement.
The fee is usually charged on a per-hour basis for all types of mediation. Normally both (or all) parties share the fees equally unless another arrangement has been agreed upon. In some instances, the fees might be paid by an outside agency.
On the duties and obligations of a mediator see the Code of Practice of the Mediators’ Institute of Ireland. MII Code of Ethics (effective from 1st May 2021)
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