Mediation is basically a negotiation between two or more parties provided assistance by a third party which helps them in reaching a common settlement to which they all agree. It is wholly a voluntary call of the disputing parties that they want to go for mediator or they want to go to court. Also in some parts of the world, mediation is compulsory before going to court as there is nothing better if the settlement happens outside court only. So here are some features of mediation:
- Number of parties
In mediation there can be two or more parties who have disputes over one or more issues. The presence of two parties is necessary and they seek assistance of mediator to reach a common agreement.
- Voluntary option
Seeking assistance from mediator is wholly a voluntary process for non- litigious disputes. It is the choice of parties’ that whether they want to go to mediator or they want to go to court directly for the settlement.
- Non- coercive
The mediator is not a bullying party. It is not there for making decisions rather the mediator pushes the parties to come to a common settlement agreement. Mediator is not there for making decisions but rather for encouraging them to take a decision.
- Neutral and impartial
The mediator always remains impartial and do not take favour of anyone specifically. The mediator is a neutral party and listens to everyone’s points and then gives alternate solutions.
- Alternate solutions
The mediator gives several solutions that earlier parties might have not thought of. Also, the mediator only has to give ideas. It is upon parties to accept them or not.
- Informal and relaxing
The court procedures are more formal and tough to go through. In mediation, the process is informal and easier than court process. It is more relaxing to go to mediator rather than going to court.
The mediator makes sure that the confidentiality of parties is ensured. He is not supposed to let out any important information out to anyone. Confidentiality is an important aspect of mediation. It is illegal to let out any information of the parties.
- Record keeper
The mediator keeps all the record of all the important points discussed among parties and also he tells them about the procedure of mediation settlement. He has the final agreement in writing as well.
- After court settlement
If the parties are not satisfied with the mediation, they can go to the court for the decision. Also, any of the parties cannot use any discussion held in mediation as evidence in court. Every discussion held under mediator remains between the parties and the mediator. It cannot even act as proof in court.
- Information disclosed
It is in the hands of the parties how much information has to be disclosed to the mediator and other parties and to what extent.
Family mediation service Bristol has all these features. Mediation is everything that is above mentioned. It is legal and suggested before going to court.