Mediation is a process in which a mediator assists people to have a constructive conversation and make decisions about the future. The mediator is an impartial third party and does not give any advice about the issues being discussed. The process is completely confidential. Each person has an opportunity to explain their perspective on each issue, and the mediator will ask questions to clarify the situation. The mediator will also assist the parties to develop options for dealing with the issues in the future.
What is Mediation?
(from the AUSTRALIAN NATIONAL MEDIATOR STANDARDS Practice Standards, September 2007)
The purpose of a mediation process is to maximise participants’ decision making. Mediation is a process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to assist the participants to reach their decision. Mediation processes are not a substitute for individual or organisational legal and/or other expert advice, or individual counselling or therapy.
The goal of a mediation process is agreed upon by the participants with the assistance of the mediator. Examples of goals may include assisting the participants to make a wise decision, to clarify the terms of a workable agreement and/or future patterns of communication that meet the participants’ needs and interests, as well as the needs and interests of others who are affected by the dispute.
The mediation process may:
- assist the participants to define and clarify the issues under consideration;
- assist participants to communicate and exchange relevant information;
- invite the clarification of issues and disputes to increase the range of options;
- provide opportunities for understanding;
- facilitate an awareness of mutual and individual interests;
- help the participants generate and evaluate various options; and
- promote a focus on the interests and needs of those who may be subject to, or affected by, the situation and proposed options.
Mediators do not advise upon, evaluate or determine disputes. They assist in managing the process of dispute and conflict resolution whereby the participants agree upon the outcomes, when appropriate. Mediation is essentially a process that maximises the self determination of the participants. The principle of self determination requires that mediation processes be non-directive as to content.