Mediation

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.