The process wherein two parties agree to be assisted by a neutral third party is known as mediation. The mediation process is used to make two parties agree to settle the various disputed issues.
The mediation process is an unbiased, voluntary, and confidential process that can be terminated anytime by the disputing parties. A reached settlement between the parties involved in the mediation process becomes legally binding when a formal agreement is signed.
Mediation can be used for different contexts other than being a part of legal intervention or court-connected procedures. Other mediation contexts include:
- Educational and religious conflicts
- Wrongful dismissal
- Public or private workplace interpersonal disputes
- Estates and wills disputes
- Personal injury issues
- Neighbourhood and tenant-landlord disputes
- Customer complaints
- Patient complaints against allied professionals such as doctors, dentists, and more
- Working group conflicts
- And a lot more
How effective is the mediation process?
Courts always actively encourage the mediation process as a way of settling conflicts than filing a lawsuit. Many clients also prefer mediation because of the effective conflict resolution it provides. Here’s why:
Saves time and resources
The judicial process as well as the involved parties saves time and resources with mediation. Filing a lawsuit has been seen to cost more, emotionally and financially for all involved parties. It is why mediation is considered today as an invaluable tool for dispute resolution.
Higher satisfaction rate with clients
The benefits of settling out-of-court have made mediation increasingly popular. Numerous studies show that an 80% satisfaction rate is achieved by the mediation process with various clients. It is because parties get control of the outcome, making them feel empowered in a mediation process.
Provide a better perspective
While not all mediation processes end in a clear agreement, almost all participants agree that a better perspective was established by it. The dispute was better understood by all parties when it underwent a mediation process.
With this finding, it is of little wonder that corporations still manage to do business even in the presence of corporate conflicts. The mediation process has been seen as an effective tool to establish healthy communication channels between conflicting parties.
Applicable to all sorts of disputes and conflicts
Mediation is not only applicable to business but also other contexts such as family conflicts. Harmony between divorcing partners for the sake of the children is restored by mediation. However, it should be noted that the mediator cannot declare one party a winner or loser. Mediation is used to settle disputes and conflicts that benefits all involved parties.
Play a key role in dispute resolution
Early implementation of the mediation process has been found by multiple studies as the key to dispute resolution. The host of benefits provided by mediation has inspired many companies to adopt it in the workplace. In-house mediation implemented by some companies has instilled confidence in employees, making them accustomed to resolving their professional conflicts through the process.
A written agreement
A clear and written agreement between the involved parties is the ultimate aim of mediation. Both parties sign the agreement after they have read its agreed and intent terms with a clearly outlined time frame for payment schedules. The written agreement is the highlight of both the mediator and mediation process.
Conflicting parties that opt for mediation stand to win than going through the rigours and expense of a lawsuit. Contact us at Gold Coast Mediation and Dispute Resolution to know more.