What is mediation?
Mediation is a voluntary process conducted confidentially in which a trained neutral person, known as a mediator, assists parties in working towards a negotiated agreement of a dispute or difference, with the parties themselves remaining in control of the decision to settle and the terms of any resolution.
How does mediation work?
Mediation works because the mediation process:
- Helps people in a dispute or conflict to communicate with one another;
- Assists the parties involved in understanding each other;
- Encourages the parties involved to try and find common ground;
- Acknowledges and respects that each person will have their own point of view;
- Focuses on the underlying or real interests of the parties;
- Focuses on both the future and the past;
- Helps the parties to find creative solutions;
- Places the responsibility on the parties to decide the outcome;
- Assists the parties to reach agreements that satisfy everyone's needs.
What happens after the mediation?
The following outcomes are possible:
- If the parties agree to settle, an agreement may be signed; which will be legally enforceable as a contract;
- If the parties do not agree to settle, they are free to explore additional dispute resolution processes or seek a decision from the United Nations Tribunals.
Key elements of mediation:
Confidential
- Mediation can help to protect your privacy since, unlike courts or tribunals, mediation is a confidential process;
Informal and flexible
- Mediation is not like a court, which is formal and follows strict rules;
Without prejudice
- The process is confidential; hence, the discussions held during the mediation, propositions put forward and documents produced for the purpose of the mediation cannot be used later as evidence in a court or tribunal. In addition, neither the mediator nor the participants can testify in court about what happened during the mediation;
Control
- The parties remain in control; unless they both agree to the settlement terms, there is no agreement;
Safe
- The mediator is not a judge and cannot force or impose a decision on the parties.
Benefits of mediation
Mediation has a number of advantages over litigation processes:
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Range of conflict or disputes- Many kinds of conflicts can be resolved successfully through mediation;
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Successful- Organizations that use mediation achieve settlement rates of over 70% and participants give satisfaction ratings of over 85% even if settlement is not achieved.
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Quick- Mediation can be arranged quickly and if the parties are available, the formal mediation process usually lasts for one or two days only;
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Informal- The purpose of mediation is to resolve cases between management and employees and between colleagues of equal or similar rank in an informal setting;
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Time efficient- Mediation reduces the amount of time management needs to spend dealing with conflict or disputes in the workplace;
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Stress reducing– Mediation cuts down on employee stress and improves workplace environment for all colleagues associated with the parties;
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Harmonizing– Mediation can help to maintain harmonious or to repair dysfunctional office and working relationships;
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Empowering– Mediation gives parties control over the process and the outcome;
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Wide ranging settlements- A wide variety of settlement options can be achieved in mediation over and above monetary settlements.
For further information about mediation please contact UN Ombudsman and Mediation Services.