Mediation is a problem-solving process in which a neutral, skilled third person – the mediator – helps the parties to a dispute reach a voluntary agreement. The mediator does not decide how the dispute should be resolved but instead helps the parties develop agreements that are satisfactory to all parties.
Mediation has many advantages over litigation:
- Mediation is less expensive and less time-consuming.
- Mediation leaves control of the outcome in the hands of the disputing parties rather than in the hands of a judge or jury.
- In mediation the parties are free to fashion their own solutions to the conflict, including solutions that a court would not be able to order.
- When ongoing relationships are important, as, for example, in the case of a dispute among family members or between businesses that wish to continue a business relationship, mediation provides an opportunity to resolve a dispute in a non-adversarial way so that important relationships are repaired and preserved.
Even when going to court is not an option for the parties, mediation can be a very useful process. Sometimes parties or their attorneys are unable to communicate with each other well enough to work out an agreement. A mediator will help the parties develop an effective communication and negotiation process. In many disputes the mediator’s neutral perspective can enable the parties to take a fresh look at the conflict and at potential solutions so they can move past an impasse.
In W. Australia, to choose mediation instead of litigation, contact
the Fremantle Mediation Group's Center for Dispute Resolution
phone (08) 6262-9365 or email [x]mediationfreo[x]@[x]iinet.net.au[x]
