What is mediation and how does it work?
Dealing with interests not positions.
A classic statement from “Getting to yes” proposes that: disputing parties usually assume that because they have opposing positions in the dispute, then all of their underlying interests are also opposed. This is not usually true, as there are normally many interests in the background of a dispute that the parties have not talked about, some will be neutral to both parties and there may even be common shared mutual interests. This is where the true power of mediation lies, in exploring the shared interests that parties have for resolving a dispute, not just evaluating who has the stronger legal position.
Seeing the other person’s point of view.
When you are embroiled in a dispute it is simple human nature to take a position and defend it, and in doing so it becomes very difficult to see your opponents point of view, or even listen to them effectively when they speak.
A mediation session follows a set structure and a resolution model, which is aimed at progressively getting the disputing participants to gradually see more of each other’s perspective. Mediation provides a non-threatening collaborative environment, where participants can feel comfortable sharing their views
What you can expect from mediation
The below video introduces the mediation process and some of the benefits of engaging a mediator rather than pursuing other resolution methods.