The Key Principles of Mediation
Mediation is voluntary - you cannot be forced to mediate
Mediation is confidential – anything said in mediation stays within the mediation. Having an environment to discuss possibilities, to test out suggestions and to edge towards a solution needs to be contained. Unless there is risk to a child or adult, or a breach of Money Laundering Regulations the mediator will not share what was discussed. And neither can the parties. Mediation is without prejudice and subject to legal privilege.
The mediator is impartial - the mediator wants a solution but cannot advance your case or the other persons.
Mediation is all about principled negotiation - bullying, threats and intimidation will stop the mediation.
Mediation looks to the future - what do you need to happen to move on?
The Role of the Mediator
Whatever form the mediation takes the mediator role is always the same.
Prevent undue stress on a party
Ensure that each person’s views are heard
To act with impartiality
To check that proposals and outcomes are realistic
To make sure there is clarity about agreements or issues that are still to be resolved.
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'The first time I spoke to John I put the phone down thinking I’d just spoken to a friend, not a solicitor that I had never met. Throughout, John communicated to me on my level and was always clear, easy to understand and prepared to explain his reasoning.'MW