Sunday, August 5, 2012

The Mediation process

The Mediation Process

In a mediation the mediator meets both the parties and their Advocates in a joint session, where firstly the parties are made to feel at home then,
1. An opening statement. This is the most important part of a Mediation process as the parties are made to feel comfortable to speak.
2. Then an explanation of the mediation process is given by the mediator.
3. An opportunity for ALL the parties having an influence, directly or indirectly in the matter at hand to express  and 
discuss related issues.



Private Sessions.

1. To help the mediator understand the needs of each participant and the obstacles to settlement.
2. Explain to the party the strengths and weaknesses of there case.
3. Assist parties to priorities their interests in the dispute.
4. Explore confidentially with each party the possibilities of settlement.

The mediator spend adequate time with the parties (jointly or privately) to explore all options of settlement. The role of a mediator is that of a neutral facilitator and is NOT to be confused with that of a counsellor.
In a mediation a process is facilitated between the warring parties while in a counseling the parties are individually addressed with matters that may or may not concern the case at hand directly.

When the cases are settled they are referred back to the courts for a decree with the written agreement in hand. And if no settlement is reached the cases are referred back to the courts with the appropriate written explanation.

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