Wednesday, November 2, 2011

Successful Mediation

Mediation involves people in dispute enlisting the assistance of a neutral third party (the mediator). It is the role of the mediator to help them identify their issues and explore options to resolve their dispute with the aim of reaching an agreement which accommodates the needs of each.

No Mediator has a magic wand though and so to reach a satisfactory and workable outcome, one or other or both parties must move towards meeting the needs of the other. The outcome is not necessarily in the middle, but will be somewhere between each person’s ideal solution. Where both parties are prepared to compromise, then the chances of a resolution increase immeasurably.

One of the distinct features of Mediation is that each party holds within themselves the power to achieve a resolution and to ensure they are able to live with the outcome. This is very different from a choice to go to court and hand over power and control to a third party (the judge) who will ultimately make a decision that one or the other or even neither party may be happy with.

Not only do Mediating parties retain control of any outcome, but if they do reach a solution, then the savings in both legal costs and emotional stress are usually significant. Such savings are worthwhile results in themselves.

Mike Emerson
Co-Principal Brisbane Mediations

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