Mediation

Mediation is a process through which two or more parties may explore and reach a negotiated solution to their conflict with the help of a third neutral and disinterested party, the mediator.

The mediation process is most successful when based on the will of the parties to engage in a meaningful dialogue regardless of the depth of their differences. Anyone wishing to explore a negotiated solution to a problem -whatever its nature-should do so with an open mind, for the goal of mediation is to explore common grounds upon which the parties may build an agreement acceptable to all involved.

Because of his/her impartiality, independence, and professional experience, the mediator can help the parties understand the motives and needs of all involved. However, the mediation process does not seek a solution at any cost, nor may a mediator impose a solution upon the parties. Rather, mediation is truly the parties' process; The parties themselves offer solutions; they weigh, reject, modify and accept mutually exchanged proposals; they build their own accord with the help of the mediator.

Family Mediation

Family mediation may help the parties reach an agreement and resolve all types of family related issues. Family mediation is not, however, therapy. Mediation is intended for, and may be of help to, any person having a conflict with a spouse, a companion, a child, a parent, or with any other family member.

Family mediation helps the parties resolve their own differences on their own terms allowing them to:

• strengthen their ability to communicate;
• reach solutions adapted to their unique personal circumstances;
• understand and appreciate the needs of other members of their family;
• reach lasting agreements.

Practically any family related issue may be resolved through mediation; among them are:

• Separation and divorce;
• Separation of persons having lived out of wedlock;
• Prenuptial agreements;
• Division of property and custody of children;
• Family businesses;
• Inheritances

Commercial Mediation

The goal of commercial mediation is to reach an agreement between the parties. Mediation is suitable for any business having a dispute with another regarding their contractual rights and obligations.

Among the business issues which can be resolved through mediation are the following:

• Relations with business partners.
• Relations with customers and providers.
• Relations within the company's professional team.

Business mediation is based on equity, privacy and the freedom of individuals to resolve their own disputes. Business mediation, therefore, intends to:

• restore or facilitate communication;
• obtain a solution adapted to each specific situation;
• consider the needs of each party to the dispute;
• reach long-lasting agreements.

School Mediation

The goal of school mediation is to reach an agreement between parents, students, teachers, and schools when disagreements arise between any, several, or all of them.

Inter-cultural mediation

Utilized to resolve a great variety of disputes arising often not so much as a consequence of a direct and conscious will to harm or cause a dispute, but out of the unfamiliarity with vastly different attitudes, behavior, beliefs and idiosyncrasies in multicultural societies.

Penal Mediation

Used in certain jurisdictions to reconcile victims and offenders generally when the crime is not so serious as to be legally castigated with long-term imprisonment.

In some jurisdictions, penal mediation is also employed for serious offenses as a means to both rehabilitate the offender and serve as therapy for the victim.

The Process

The mediation process is carried out by the mediator through a series of meetings (caucuses) with the parties. Combining meetings that may be held jointly with all parties involved, or privately with each one of the parties, allows the mediator to gain sufficient insight into the nature of the dispute to enable him/her to become a meaningful "broker" of proposals made by the parties themselves.

The number of mediation sessions necessary to resolve a problem varies according to each case's complexity and number of issues to be resolved.

Confidentiality and Impartiality

All mediators must be impartial and they must document their impartiality with regard to the parties involved.

Who is the mediator?

Mediators are, above all, expert negotiators, seasoned and experienced attorneys and business people; having received specialized mediation training.

How to initiate a mediation?

It is necessary that all parties involved agree to try to resolve their differences through mediation. No party may impose a solution upon another.

How And When Does Mediation End?

Mediation ends as a result of the agreement that the parties reach on all or some of their differences. Mediation may also end at the request of any of the parties at any time during the mediation process. Lastly, the mediator may end the mediation process unilaterally if he or she considers it unlikely that further sessions may result in a agreement.