What Is Mediation?
Mediation is a process by which parties submit their dispute to an impartial third-party (the mediator) who works with them to reach a settlement of their dispute. Mediation is an extension of the negotiating process.
What is a Mediator?
Our mediators are carefully selected and trained to advanced level through our training programmes. Mediators come from a variety of backgrounds. Each of our mediators has been trained in mediation skills and closely evaluated to determine the level of skills attained. Only very respected and experienced individuals are selected and trained by the Mediate NI to be mediators. The mediators on our panel are chosen to serve on a particular case based on their expertise in the area of the dispute.
What types of dispute can be resolved through mediation?
Mediation can be conducted on an individual or organisational basis and in voluntary and statutory organisations.
Most types of civil disputes can be resolved by mediation.
Submitting your dispute to Mediate NI will not cause delay to any pending legal process you may be involved in.
Can I mediate if my dispute is already in Court?
Yes, your dispute can be mediated even if Court proceedings have already begun.
What are the benefits of mediation?
The benefits of successfully mediating a dispute to settlement vary, depending on the needs and interests of the parties. The most common advantages are that: -
How long does a mediation session take and what happens?
Once parties have agreed to submit their dispute to mediation and executed the appropriate forms, mediation can be conducted on the first mutually available date.
The parties may agree to have their mediation set for an earlier or later date depending on the circumstances of their case.
During a mediation session (which can usually last 1 – 1 ½ hours, but it can also take longer depending on the conflict) each party will get a chance to talk about their situation without any interruption. Then there will be an open discussion, and the mediators will help parties decide what the important issues are. If an agreement is reached, the mediators will write it down and make sure it says what you want it to say. Each party will sign and receive a copy to take home.
Who will be there?
Depending on the nature of the dispute, one or two trained mediators will run the session. We will discuss with you who will be invited, and who has agreed to attend.
When can mediation take place?
Mediation can originate in different ways: -
How does it work?
Since mediation is voluntary, the parties must agree in writing that their dispute will be conducted under applicable rules and can be summarised under the following 4 phases: -
Request for mediation and submission to mediation – When a request is received and intake details obtained together with a brief outline of the dispute and it is established that the dispute can be mediated both parties will sign a “Consent to Mediate Form”
When the case officer has appointed the appropriate mediator/s to the case, the parties will be informed as to who the mediator/s is/are and are agreed
To prepare for the mediation, the disputants should define and analyse the issues involved in the dispute; recognise the parameters of the given situation (what you can realistically expect, time constraints, available resources, other legal remedies, etc.,); identify your needs and interests in settling the dispute; prioritise the issues in light of your needs; determine courses of action, positions and explore a range of alternative solutions; make your proposals reasonable and legitimate and be willing to accommodate needs of the other party; ascertain the strengths and weaknesses of your case; gather and be ready with your facts as you see them, documents, and sound reasoning to support your claims; anticipate the other party’s needs, demands, positions, version of facts as they see the situation, their strengths and weaknesses; focus on interests, not the position, of each party and develop your strategies and tactics in discussing issues, presenting proposals, testing other parties’ positions etc
The Mediation Session – The disputants should come to the mediation table prepared with all of the evidence and documentation they believe will be necessary to discuss their respective case. People can bring their legal representatives or Trade Union member for advice purposes. This should be clarified at the precise development stage. It is not usual that people would present witnesses at a mediation session although it can happen if it is the desired wish of both parties, then the following 6 stages: -
How much will it cost/ How long will it take?
Cost will depend on the type of dispute and the amount of time involved.
The cost of the mediation process is usually borne by both parties equally or by the organisation/ company that engages Mediate NI.
What should I bring with me?
mediate | ni
mediation | conciliation | alternative dispute resolution
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