CALM - About Mediation

What is Mediation?

Mediation is a method of conflict resolution involving a impartial third party (the mediator) whose role it is to facilitate communication enabling parties to work toward reaching a mutually acceptable solution that satisfies everyone.

It attempts to resolve disputes between parties by employing a step-by-step approach in which feelings are explored and listened to. Common ground is searched for and the focus is on the future, not the past.

Mediation is a problem-solving procedure and its essence is about finding a solution that satisfies everyone. This is often called a win/win approach. Where as the legal process, is often said to produce a win/lose outcome. The process of mediation treats both parties equally.

It is an extremely flexible approach as an individual’s involvement is voluntary and the outcome is the result of what those involved decide. It could be to:- Text missing here - Nick

Mediators are impartial, they are not trying to prove the guilt or innocence of anyone involved in the conflict, but aim to open up a communication channel that is positive so that feelings can be aired, concerns addressed and misunderstandings cleared up...... and then practical agreements reached that improve peoples' lives.

What is the Role of a Mediator?

Mediators do not take sides, make judgements or give guidance. Mediation is therefore different from other processes such as advocacy, counselling, arbitration and advice giving. The mediator is responsible solely for developing interaction and building consensus between parties.

The parties in a dispute (not the mediator) decide the terms of any agreement which aims to improve the future for both parties. The agreement is not legally binding. Follow up support is offered for both parties to see how things are progressing

Why is Mediation Effective?

Mediation allows people to rebuild relationships. This is unlike the legal process where hostility often exists between parties at the end of the process.
Mediation is a common sense approach enabling parties to come up with a practical solution which will benefit all sides.
Mediation is a preventative tool and can be used effectively to stop problems escalating and getting worse.
Mediation is a fast and cheap option.
Mediation tackles problems directly and can be used at any level in a disagreement (the earlier the better).
Mediation represents an alternative to formal proceedings e.g. involvement by statutory bodies like the police, Environmental Services and court action.
Mediation allows people to take control of their problems, face their own difficulties and solve them.
Mediation allows people to hear other people’s perspectives.
Mediation enables a safe, supportive structure for people to have their say.
Mediation enables individuals to make decisions about their own lifestyle.
Mediation enables individuals to think about what is acceptable behaviour.
Mediation is voluntary and promotes community cohesion.
Mediation clears up misunderstandings and helps people look to the future.
Mediation is realistic about what can be done practically.

Types - Indirect & Direct Mediation

Indirect or shuttle mediation is used when parties are reluctant to be face to face with those with whom they are in dispute. The mediators will act as go-betweens, that is the mediators will pass what has been said from neighbour to neighbour. The mediators always remain impartial and assist parties to reach a mutually achievable agreement.

Direct mediation is the model that CALM uses in 95% of cases. Direct mediation involves parties coming together face to face in a neutral environment where the mediators facilitate communication between the parties.