MEDIATION
MEDIATION
What is Mediation
Mediation is assisted negotiation.
Mediation is an impartial process where the mediator plays a neutral role and does not hold any personal interest in the outcomes of the negotiation process.
Mediation is completely confidential and voluntary, where parties negotiate on their own wish and terms and nothing is disclosed to any third party outside the mediation, including the Court of law.
Mediation is flexible and informal, where parties are not bound by any legal rules and procedures to arrive on their settlement agreement.
How Mediation can help
Mediation provides a non-adversarial forum for communication. Unlike litigation, which tends to exacerbate tensions and entrench positions, mediation creates a safe space where parties can openly express their concerns, interests, and perspectives. Through facilitated dialogue, parties can gain a deeper understanding of each other's viewpoints, identify common ground, and explore creative solutions that address underlying interests rather than mere positions.
The essence of mediation lies in its rejection of the competitive mindset and hence it does not provide for any First-mover advantage. The Equitable dynamics of mediation embraces collaboration over competition, which contributes significantly in formulating Win-Win solutions as compared to litigation and arbitration where the result becomes Win-Lose with heavy anchoring around the first mover.
Furthermore, mediation promotes empowerment and autonomy among parties by allowing them to retain control over the outcome of the dispute. Unlike arbitration or adjudication, where decisions are imposed by third-party arbitrators or judges, mediation empowers parties to craft their own solutions based on their unique needs and priorities.
Mediation offers a principled approach to conflict resolution that preserves the integrity of individuals' and communities' value systems. By promoting dialogue, understanding, and empowerment, mediation minimizes the destruction of ethical principles and relationships, and fosters solutions that are consistent with parties' core values.
Moreover, mediation offers a more time-efficient and cost-effective alternative to traditional dispute resolution mechanisms such as litigation. By avoiding protracted courtroom battles and associated legal fees, parties can save valuable time, resources, and emotional energy. This is particularly significant in commercial contexts, where swift resolution of disputes is essential to maintaining business relationships and preserving profitability.
Mediation provides chances to resolve problems at an early stage without significant damage to either party.
The earlier you enter into Mediation, the more you can save cost, precious time and value system damage, and the more you can control the outcome.
Choose your way