Mediation Presentation

1. MEDIATIONMEDIATION
‘Mediation is a process that, together
with a number of other processes, is
collectively known as alternative
dispute resolution’

2. MEDIATION - A DEFINITION
•‘Mediation is a voluntary, non-binding,
private dispute resolution process, in which
a neutral person helps the parties to reach
their own negotiated settlement’

3. BENEFITS OF MEDIATION
•Informal
•Quick
•Flexible
•Cost Effective
•Confidential
•Preserves Relationships
•Control Remains With Parties
•Allows For Creative Solutions
•High Success Rate of 80%

4. WHEN TO USE MEDIATION
•Parties & Lawyers Committed To Process
•Ongoing Relationship Important
•Privacy Important
•Time Pressure To Settle

5. MEDIATOR’S ROLE
•Serves As A Neutral Facilitator
•Summarizes, Restates And Prioritizes
Issues In A Non-Judgmental Manner
•Assists In The Generation Or Clarification
Of Options
•Evaluates Options And Possible
Consequences
•Enforces The Ground Rules
•Identifies Areas Of Mutual Interest

6. FACILITATIVE MEDIATION MODEL
•Preparatory Phase
•Introductory Phase
•Understanding Phase
•Negotiation Phase
•Agreement Phase
•Concluding Phase

7. A TYPICAL MEDIATION SESSION
•Mediator’s Opening Statement
•Each Party Makes An Opening Statement
•Mediator Summarizes Each In Turn
•Mediator Identifies Common Ground
•Mediator Identifies/Formulates Issues &
Sets Agenda

8. MEDIATION SESSION (Cont. 1)
•Mediator Explores Issues In Joint Session
or Caucus To Understand Underlying needs
And Interests
•In Joint Session Or Caucus, Mediator
Assists In Option Generation & Reality
Checks
•Mediator Maintains Momentum &
Overcomes Impasses

9. MEDIATION SESSION (Cont.2)
•Mediator Assists Parties To Reach
Agreement & Reality Checks Proposed
Settlement
•Mediator Drafts Legally Binding
Agreement & Concludes Session

10. MEDIATOR- POST MEDIATION
•May File Any Necessary Paper Work With
Court
•Monitor Implementation Of Terms Of
Settlement
•Release Documents Or Funds Held Pending
Settlement

11. FINALLY - A LESSON FROM HISTORY
•‘Discourage litigation. Persuade your
neighbours to compromise whenever you
can. Point out to them how the nominal
winner is often the real loser…in fees,
expenses and waste of time.’
Abraham Lincoln