Mediation is a form of Alternative Dispute Resolution (ADR) that involves the parties in dispute working with a neutral third party, known as a mediator, to reach a mutually acceptable resolution.
In mediation, the mediator does not make a decision for the parties, but rather assists them in identifying the issues in dispute, exploring possible solutions, and communicating effectively. The mediator works to create a safe and confidential environment in which the parties can engage in open and honest discussions and work towards a resolution.
The mediation process typically begins with an opening session, during which the mediator explains the process and sets out ground rules for the session. The parties then have an opportunity to explain their positions and concerns. The mediator may then work with the parties separately or together to identify issues and explore possible solutions. The parties are encouraged to communicate openly and listen to each other's perspectives.
If the parties are able to reach an agreement, the mediator will help them to put the agreement in writing and may also help them to create a plan for implementing the agreement. The agreement is typically binding and can be enforced in court.
Mediation can be a useful way of resolving disputes, particularly where the parties have an ongoing relationship or where the dispute is not particularly complex. It can be faster, less expensive and less confrontational than going to court or engaging in other forms of ADR.
Mediation can be voluntary or court-ordered, and can be used in a wide range of disputes, including family disputes, workplace disputes, and commercial disputes. Many jurisdictions have implemented legislation and regulations that encourage or require parties to consider using mediation before resorting to litigation.
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