Mediation is a voluntary, non-binding dispute resolution process in which a neutral third party helps parties try to reach a negotiated settlement. It allows parties to maintain privacy and confidentiality while working to overcome emotional barriers and access strengths and weaknesses to find mutually agreeable solutions. The mediator facilitates communication between parties to help them understand different perspectives and identify new options for resolving issues.

1. EFFECTIVE MEDIATION By Ben Ndedde, Esq. Chartered Mediator and Conciliator

2. DEFINITION : Mediation is voluntary (unless ordered by the court), non binding, private dispute resolution process in which a neutral person helps the parties try to reach a negotiated settlement

3. CONCEPT OF MEDIATION Mediation is voluntary and in the majority of cases takes place as a result of parties agreeing to enter the mediation process It is Non-binding unless and until an agreement is reached Mediation is private , conducted without prejudice and with absolute confidentialities Mediator is a neutral person who assists the parties to reach a negotiated settlement

4. WHY MEDIATION WORKS 1 The mediator, as a neutral facilitator, is potentially in a better position to Win the trust of all parties Facilitate communications Focus the parties on the problem Overcome emotional blockages Help one party to understand the other party’s case Probe each party’s case for interest procession, strengths and weaknesses

5. WHY MEDIATION WORKS 2 The mediator, as a neutral facilitator, is potentially in a better position to Helps parties realistically access their own case Suggests new avenues to explore Overcomes deadlock and help save face Access realistically the chances of settlement Wins approval for settlement and proposals

6. MEDIATION PROCESS Preliminary contact between the parties and the Mediator Caucusing between each party( where needful) Assessment of Issues Initiation of process Resolve