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What is Mediation?
Mediation is a way of reaching a jointly acceptable solution to a problem or dispute that could otherwise end up in Court.(and some that are already have).
Mediation may even work for cases that appear hopeless. Although generally speaking there are usually two over-riding factors for success
(a): All Parties are truly voluntary participants
(b): The parties genuinely want the process of Mediation to work
Certain factors may make Mediation unsuitable; for instance where there is a history of abuse or violence, or where there is a legal point of law to be tested. The majority of other case types will usually respond well to Mediation provided the parties are committed to it and honest in their approach to both the method and the process
The Process:
If mediation is appropriate we will ask you for details of the other party/ies
Where Mediation is not appropriate we offer Mentoring and Negotiation services
Where the other party/ies agree to mediation we will make an appointment at our office or another agreed neutral location
Where the other party/s are not willing to attend mediation we offer Individual Mentoring and Coaching alternatives to help you negotiate your way through the the dispute
Disputes are resolved in a number of different ways: The basic premise is that all parties have agreed to attend voluntarily without undue influence or pressure.
Each party is listened to by the Mediator without judgement and in confidence so that they can put their understanding of where the dispute or dissagreement stands now and how they would like it to change
Any settlement reached will be determined by the participants themselves with Mediator guidance using established rules for progress introduced and controlled by the Mediator
Mediation is not a process of forcing compromise onto one or other party Its purpose is to help and guide the parties to examine the issues and to determine an outcome for themselves
Settlement or Outcome examples could be:
A payment of compensation or a refund or partial refund
Shared responsibility for what has gone wrong, agree tasks for change
An agreement to modify past behaviour and use of language and or actions
A procedure to separate from a relationship reached amicabley sharing costs and child care worked out to a plan
One party realises they have "overstepped the mark" and accepts responsibility (a rare but pleasant outcome)
A combination or varience of the above outcomes
On rare occassions the Mediator may determine that the Mediation process although started is no longer appropriate and abort the process
In all Cases of Successfull Mediation:
An Agreement is drawn up The mediator records it and it is signed by the parties
The Mediator will provide a review date to monitor progress.
The Mediator will contact the parties at the review date to determine if the new agreement is working, & consider further Mediation if required
Resolve (BMS) Mediation & Mentoring Services Tel: 01400 230 210
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