What is Mediation?

Mediation means a process in which a mediator facilitates and encourages communication and negotiation between the mediation parties, and seeks to assist the mediation parties in arriving at a voluntary agreement.

Mediation Act No.8 2004

Key Qualities of the Mediation Process

Voluntary - The Mediation Process is a voluntary one, in that, all parties decide to engage in the process on their own volition.

Collaborative - Since the mediation process is voluntary, everyone is encouraged to work together to resolve the issues to create a "win-win" situation for everyone involved in the dispute.

Conflict of Interests: direct or indirect financial personal interest in the outcome of the dispute or an existing or past financial, business, professional, family or social relationship which is likely to affect the impartiality or reasonably create an appearance of partiality or bias.

Confidential - A mediator shall discuss issues of confidentiality with the mediation parties before beginning the mediation process including, limitations on the scope of confidentiality and the extent of confidentiality provided in any private session that the Mediator holds with a mediation party. All proceedings shall be confidential and the mediator shall not voluntarily disclose to anyone who is not a mediation party to the mediation process except, with the written consent of the mediation parties, or when the information discloses an actual or potential threat to human life or safety.

Informed Consent- The mediation process should be structured in such a manner so that the parties are empowered to make decisions based on sufficient information and knowledge with the mediator making an obligation to ensure that all parties understand the nature of the process, the procedures, the particular role of the mediator and the mediation parties' relationship to the mediator. If the mediator forms the opinion that any mediation party is unable to understand the mediation process or emotional disturbance, intoxication, language barriers or other reasons, the mediator shall limit the scope of the mediation process in a manner consistent with the mediation party's ability to participate, and/or recommend that the mediation party obtain appropriate assistance in order to continue with the mediation process.

Impartial - The mediator shall provide mediation services only for those disputes in which he can be impartial with respect to all the mediation parties and the subject matter of the dispute. A mediator shall in words and action, maintain impartiality towards the mediation parties and where his impartiality is in question, shall decline to serve or shall withdraw from serving as a mediator. Where at any time prior to, or during the mediation process the mediator is unable to conduct the mediation process in an impartial manner, the mediator shall so inform the mediation parties and shall withdraw from providing services, even if the mediation parties express no objection to the continuation of the mediators' services.

Self-Determination- The primary responsibility for the resolution of the dispute and the shaping of a settlement rests with the mediation parties and it is based on the self-determination of the mediation parties and upon their ability to reach a voluntary uncoerced agreement.