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Mediation

Mediation is based on principles of problem-solving that focus on the needs and interests of the participants; fairness; privacy; self-determination and the best interest of all parties.

These standards are intended to assist and guide public, private, voluntary, and mandatory mediation. The manner of implementation and mediator adherence to these standards may be influenced by local law or court rule.

The mediation process involves:

  • All parties listening to each other’s point of view without interrupting;
  • Identifying the issues in the dispute;
  • Setting an agenda to discuss the issues;
  • Sharing relevant information;
  • Exploring options and testing possible solutions;
  • Negotiating a written agreement.

Mediation is a powerful structured process that informally aims for disputing parties to drop their adversarial approach and start working together.

Unlike a judge or an arbitrator, the mediator does not take sides or make decisions – the role is to empower, direct, manoeuvre and focus discussions, assist parties in evaluating their goals and options; and facilitate the parties’ creation of their own satisfactory solution.

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