If you are proceeding to mediation in 2018, you may already have some idea of what to expect or you may not be sure where to even begin preparing yourself. Mediation is a process that involves two or more people that are dealing with a dispute. The mediator acts as a third party, assisting both parties in recognising issues, clarifying the needs and rights of both parties, searching for areas of compromise, and ultimately, helping to find a resolution that suits both parties.
The main goal of mediation is to find a way forward that can be reached by both parties. Mediation helps to facilitate discussion in a way that reduces the need to take matters to the courts, it is also has the advantages of being a speedier solution to problems which is less costly.
This strategy has become widely recognised as a peaceful solution for conflict resolution. It is used in both individual and corporate law to resolve a wide range of issues, from maintenance battles to contract issues and many other situations. Mediation gives parties a sense of control and predictability that they might not have during trials, therefore putting their minds more at ease.
In this guide, we take a look at some tips that help you ensure successful, effective mediation in 2018.
How to Ensure Successful Mediation in 2018
Some of the ways that you can ensure successful mediation in 2018 include the following:
1. Beginning the mediation process:
Mediation can occur before or after litigation. It needs to be done before judgement is given, however. If a trial has already begun, both parties will need to agree to continue on to mediation. This agreement usually suggests a more amicable route between the parties as there is a need for compromise.
2. Deferring issues to mediation:
Your lawyer may advise you to consider this course of action. Usually if a trial has already begun and parties have decided to go through the process of mediation, the court would have to be notified and be informed of the outcome of the mediation. This would be in the interest of justice in cases where parties decide that mediation has proven to be unsuccessful and agree to take the matter back to trial.
3. Appointing a mediator:
You could seek help from a lawyer that specialises in mediation in Durban and surrounds. From there, a time, date and venue will be selected for the mediation. If litigation has already begun, both parties will need to provide the mediator with copies of both the plea and summons and any other relevant documentation. All documentation will then be filed. Both parties have the right to be represented during the mediation – this is not mandatory, however.
It must be noted that a mediator is an unbiased third party whose only intention is to keep the interests of both parties in mind throughout the process and especially when considering an outcome. This again ensures that the interest of justice is upheld to the same standard as it would be during any other legal processess in any court.
4. Proceeding after successful mediation:
A successful mediation means that both parties are able to reach an agreement. If this happens, then the mediator will help draft a settlement agreement which will outline the outcome and a solution to the conflict between parties. There is therefore no need to take such matter further as both parties interests have been met through compromise and agreement.
5. Dealing with an unsuccessful mediation:
Sometimes, an agreement cannot be reached, even after mediation. In the event of a dispute that cannot be resolved, the matter will then have to be referred to other conflict resolution processes as the problem remains unresolved and conflict will still pursue. Such processes will include going to trial or negotiating the matter on your own.
It is however usually better to settle conflict during mediation as among other advantages mediation offers a more open line of communication as opposed to communications during trial.
At Schwenn Incorporated, our team of mediators are highly skilled at negotiating the best outcomes for our clients, whatever the issue may involve. To find out more about proceeding with a successful mediation in 2018, contact our team for assistance.