In a nutshell, no one is better at understanding and solving your problems, than you are.
The legal process does not have a wide range of solutions to offer in terms of dispute resolution but as an individual, through mediation, you can be a part of designing solutions that meet your unique needs.
In a mediation, the mediator is there to help you find the best possible solutions for your dispute and to help to create a win-win solution for both parties involved.
Mediation, unlike law, is not about declaring a winner and loser, but rather about finding solutions where everyone wins.
About the process
Mediation is a voluntary process where parties who cannot agree, rely on the help of an impartial, well trained and highly skilled person, called a mediator, to help them find the best possible solutions to resolve their dispute.
In a mediation, the mediator remains unbiased and independent. Their job is to implement the mediation process to guide and support the parties so that they can brainstorm, they can explore various solutions, and then together they can find new and positive ways to resolve their issues.
The process is non-binding, and confidential, which means that everything that is said in the mediation is confidential, and without prejudice which means anything said cannot be used in a court of law. All offers made are only binding if both parties agree to create a binding agreement. This creates a mediation environment which is conducive to coming up with solutions that are unconventional, out of the box, and that can help to serve both parties in the mediation.
As a means to resolving disputes, mediation is often cheaper and far faster than litigation. The process is informal and offers the parties the chance to play a truly meaningful part of the solutions they create.
The process itself generally consists of joint sessions with both parties and the mediator, as well as separate sessions called caucuses with the mediator. These sessions are designed to delve into the real issues of the dispute, and to then seek solutions that may be viable for both parties.
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