How Does The Mediation Process Work?
Mediation is a flexible solution by virtue of this flexibility particular importance to all party’s wishes is given under mediation process. There is no particular model for mediation. However, there are certain procedures and rules for initiating and during the mediation.
Initiation of Mediation Process:
- First of all, the consent of all parties should exist in order to commence the mediation process. Mediation is based on voluntariness. The party that is willing to enter into mediation process may invite the other parties to the mediation process.
- Parties may either agree mutually on the mediator(s) by theirselves or may assign an unbiased and independent institution on selection of mediator(s).
- Upon selection of mediator(s), “Mediation Agreement” is executed by and between the mediator(s) and all parties subject to mediation on the continuation of mediation process.
Mediator may contact with the parties and/or their legal representatives and request information and documents prior to meeting. The benefits of preliminary are as follows:
- Mediator explains the mediation process and its benefits and difference from other dispute resolution process.
- It enables parties to gather information in relation to dispute and acquire important information that may affect the agreement.
- It enables mediator to gather information that may pave the way to a solution acceptable by all parties.
Main Mediator Meetings:
Mediator determines a common date and time for invitation to the first meeting. These meetings may be conducted more than once by all parties’ participation or as private sessions. Mediator determines the orders of the meeting by considering the type of dispute and performance of parties.
Parties and their legal representatives are convened together in common meetings. Parties and legal representatives carry out the negotiation before mediator. Common meetings:
- enable parties’ communication
- create a better understanding on parties’ common interest;
- provide understanding to the parties in relation to strong and weak points in legal positions and consequences in case failing to find a solution;
- facilitate to find a solution to end the dispute, to negotiate on these solutions and to reach a solution in line with their interest.
Each party meets with the mediator privately in private meetings. Mediator cannot disclose the information provided in a private meeting to the other party unless the party has given consent. Private meetings:
- help to diminish tension between parties;
- enable parties to disclose the information to the mediator that are refrained from other parties and to reveal matters that are need to be clarify;
- render mediator to check proximity of the parties from a solution and to determine the areas of compromise.
The End of Mediation:
Mediation process ends as follows:
- in case the parties reach an agreement.
- in case the mediator reach a conclusion that the parties cannot settle and further efforts are unnecessary.
- in case one of the parties declares withdrawal from the mediation process to the other party or to the mediator.
- in case the parties agree to end mediation process.
- in case the dispute is not eligible for mediation process.