Rain Forest Alternative Dispute Resolution Services
Mediation provides parties with the opportunity to resolve disputes on their own terms through self determination.
Q. What is Mediation?
A. Mediation is a voluntary process where the parties to a conflict use a neutral third party, or mediator, to assist them in resolving their dispute through self determination. A mediator will work with the parties to prepare them for the mediation and then to facilitate a discussion where both parties can be heard and can listen to the other party and about their concerns and desires. The mediator will then guide the parties in creating their solution to the problem.
Q. How does the process work?
A. The mediator will meet with both parties individually before bringing them together to discuss the issue or issues involved and meetings can either be in person, or remote using video conferencing. Depending on the complexity of the dispute more than one meeting may be required.
Q. What is the role of the mediator?
A. The mediators role is to assist the parties in resolving their dispute. This can include addressing power imbalances between the parties and identifying common interests that will help to bring the parties closer together. The mediator is not there to provide legal advice, to advocate for or assist one party over another, or to create a solution for the parties.
Q. What does self determination mean?
A. Self determination means that any solution created during the mediation is created by the parties and the parties alone. Although they may seek advice or counsel throughout the process the solution is theirs to create. This is an essential element of mediation as self determined solutions have a higher success rate, and are more likely to endure than solutions created by third parties.
Q. What if I don’t like the outcome, do I have to accept it?
A. Mediation is a voluntary process where either party can withdraw at any time. Solutions created during mediation are created by both parties, they do not have to be accepted and are not legally binding.
Q. What are the main advantages of mediation?
A. The main advantage of mediation is that is less adversarial than some other dispute resolution processes. As the solutions are created by the parties they are more likely to agreeable to the parties and as a result are more likely last. The process of mediation also gives both parties the opportunity to learn about each others interests and needs improving their understanding of each other.
Q. Is mediation always the right tool?
A. No. Although mediation is very good tool for resolving conflicts, it is not always the right tool. Whether or not it is the best tool for a particular dispute is a decision to be made by the parties and the mediator depending the specific dynamics of the dispute in question. If it is not the right tool, the mediator can help you to determine what is the best way to resolve your dispute.