Mediation is a voluntary alternative dispute resolution process in which a neutral third party helps parties reach a negotiated settlement. It has several benefits such as being informal, quick, flexible, cost effective, and allowing parties to preserve relationships and maintain control. Mediation is most suitable when parties are committed to the process, an ongoing relationship is important, privacy is important, or there is time pressure to settle. The mediator's role is to facilitate by summarizing issues and identifying common ground and options to help parties evaluate alternatives and reach an agreement.

1. MEDIATION ‘ Mediation is a process that, together with a number of other processes, is collectively known as alternative dispute resolution’

2. MEDIATION - A DEFINITION ‘ Mediation is a voluntary, non-binding, private dispute resolution process, in which a neutral person helps the parties to reach their own negotiated settlement’

3. BENEFITS OF MEDIATION Informal Quick Flexible Cost Effective Confidential Preserves Relationships Control Remains With Parties Allows For Creative Solutions High Success Rate of 80%

4. WHEN TO USE MEDIATION Parties & Lawyers Committed To Process Ongoing Relationship Important Privacy Important Time Pressure To Settle

5. MEDIATOR’S ROLE Serves As A Neutral Facilitator Summarizes, Restates And Prioritizes Issues In A Non-Judgmental Manner Assists In The Generation Or Clarification Of Options Evaluates Options And Possible Consequences Enforces The Ground Rules Identifies Areas Of Mutual Interest

6. FACILITATIVE MEDIATION MODEL Preparatory Phase Introductory Phase Understanding Phase Negotiation Phase Agreement Phase Concluding Phase

7. A TYPICAL MEDIATION SESSION Mediator’s Opening Statement Each Party Makes An Opening Statement Mediator Summarizes Each In Turn Mediator Identifies Common Ground Mediator Identifies/Formulates Issues & Sets Agenda

8. MEDIATION SESSION (Cont. 1) Mediator Explores Issues In Joint Session or Caucus To Understand Underlying needs And Interests In Joint Session Or Caucus, Mediator Assists In Option Generation & Reality Checks Mediator Maintains Momentum & Overcomes Impasses

9. MEDIATION SESSION (Cont.2) Mediator Assists Parties To Reach Agreement & Reality Checks Proposed Settlement Mediator Drafts Legally Binding Agreement & Concludes Session

10. MEDIATOR- POST MEDIATION May File Any Necessary Paper Work With Court Monitor Implementation Of Terms Of Settlement Release Documents Or Funds Held Pending Settlement

11. FINALLY - A LESSON FROM HISTORY ‘ Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser…in fees, expenses and waste of time.’ Abraham Lincoln