Mediation

An alternative, flexible and cost effective dispute resolution service that can take place before, during and after arbitration

What is Mediation?

Mediation is a flexible and cost effective process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution.

The Benefits

  • Flexible process
  • Cost effective
  • Confidential
  • Conducted when and where you like, at your pace
  • No time limits
  • You are in control of the process
  • You can leave the process at any time
  • Decisions are made by the parties, not the mediator
  • It can occur before, during or after arbitration

The Stages

Mediation can occur before, during and after arbitration. Both parties must want to participate in the mediation process. Parties can choose a mediator from the ICA panel or they can ask the ICA to choose one on their behalf.

Mediation consists of five key stages:

  • Step 1 - Preparation Before mediation begins you will be asked to submit a brief statement highlighting the issues in dispute.
  • Step 2 - Opening On the day of the mediation each party will have their own private room with a third room available for meetings requiring both parties. Both parties may be encouraged to deliver an opening statement to outline the dispute.
  • Step 3 - Exploration The mediator explores the details of the dispute with each party separately, encouraging them to look at the dispute in a different light and to explore creative solutions.
  • Step 4 - Negotiation Once a possible solution is being discussed by either or both parties the mediator may encourage the parties to negotiate a settlement and will act as a facilitator.
  • Step 5 - Settlement If both parties agree to a settlement then a settlement agreement is drafted and signed.

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