Mediation is not the same as a court session as many may think. It is an interactive procedure where parties involved in a conflict come together to resolve their differences with the help of an impartial third party, known as a mediator. Unlike the court session where parties involved formally present their cases through the help of a lawyer and await judgment, mediation employs the help of a mediator to open up communication through specialized conciliation technics dedicated to achieving mutual resolution. Though, either of the parties may have his/her lawyer present during the mediation process if that would make them comfortable, or if any of the participants need a lawyer to help interpret the terms and conditions of the negotiation.
Mediation is a fair process where blames are not passed, rather it focusses on the rights, needs, and interests of parties involved to help them seek mutual agreement. A mediator achieves this by managing the interaction between the parties, recognise, evaluate, and analyze core issues without giving definite advice as to how to resolve the conflict. The mediator only helps to stimulate conversation which will yield beneficial and favourable resolution for the parties involved.
Mediation can take place at any time. Parties could seek the help of a mediator before or after the close of any business transaction. It is applicable in many several areas such as; childcare plans, grievances, land conflict, partnerships, discrimination, family feud, divorce, wrongful, work termination, real estate conflict, religion community conflict, and many more.
Mediation also helps you gain recognition; It allows the other party to hear and understand your point of view which helps to speed up the resolution process to achieve an acceptable agreement by both parties.
Therefore, in this era of global community, conflict is unavoidable. It is our collective responsibility to attempt to resolve our differences through the channel of mediation. Mediation does not only focus on resolving disputes but also helps parties to efficiently move on with their lives and businesses.