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MIDLANDS MEDIATION NETWORK

 

 

Monday, May 30, 2011 12:53:00 PM

 
   
 

 

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What is Mediation & How does it Work?:

 

The myth/ rumour

The reality

Mediation is about sitting round a table face-to-face with the other party

People only have to meet in a face-to-face meeting if they choose. Mediation is often carried out by ‘shuttle’ mediation where mediators visit each person separately

Mediators will tell us what to do

Mediation is about exploring with people what they can do to move the dispute forward to a resolution

There is no point using mediation if no one can make the other party change their behaviour

Talking to a neutral third party (the mediator) in confidence about what is happening and exploring different ways forward often helps people to work out their own solutions. Hearing other points of view and clearing up misunderstandings opens up communication and helps people to negotiate what they want. It may also be that organisations with authority are not able to use this authority to change the situation.

If the mediators visit the other party and hear their version of events they will take their side

Mediators are totally impartial, they don’t take sides. They are there as a third party to act as a go between and facilitate communication between people. They spend equal amounts of time listening to each person

I’ll have to take time off work/ college to go to the mediation service

Mediators are very flexible and arrange times to visit people entirely at your convenience day or evening

If I use mediation I won’t be able to get the council or the police or my landlord to deal with the situation, it’s passing the buck

If mediation doesn’t work you can use any other agency or organisation to try and deal with the problem or can take the situation back to their landlords

Mediation doesn’t work

Approximately 65% of mediation cases are judged by the people involved as having a successful outcome

Once the mediators have left there will be nothing to stop people going back to their old behaviour

If people have been involved in negotiating an agreement that is good for everyone they are far more likely to stick to it. We review every successful outcome over 2-3 months to check any improvement/ agreement is being kept up. You can also call us at any stage if you feel the situation is getting worse and you don’t feel able to deal with it alone

What will it will cost me?

Most services are free. Please contact your local office via the services page to discuss this.

Before agencies refer a dispute to the mediation service they need to get the permission of both parties

Although this is beneficial to the mediation service, it is only necessary to get the permission of the first party before making a referral

 

What happens during mediation?

The basic types of mediation are:

Direct mediation

Step 1: Meet with the mediator to talk about what has happened to cause the problem, what you want to happen in the future and what your ideas for solving it are

Step 2: If you choose, the mediator will then contact the other people involved to arrange a similar visit with them

Step 3: Again, if you agree, the mediators can arrange a joint meeting on neutral ground. The mediators help you to discuss the problem, talk about how you feel and decide what you want to do about it

Step 4: Everybody works together to reach a written or verbal agreement about how best to move forward. This agreement is based on trust and is not legally binding

Indirect or shuttle mediation

Instead of a joint meeting (steps 3 and 4 above) the mediator listens to each party separately and carries messages between them. The outcomes are exactly the same as in direct mediation.

Checking agreements

After an agreement has been made, the mediator will follow up with both parties after about 6 weeks to see if everybody is happy with how things are going. If not, we can arrange another meeting.

Working with one party

For a variety of reasons, some ‘first parties’ do not wish to proceed with mediation or ‘second parties’ do not wish to engage with mediation. Many people find it useful to discuss more constructive ways of approaching their conflict and use these strategies when they have future contact with the other people involved.

 

Still unsure about using mediation?

Try asking yourself these questions:

  • Do you want to sort the problem out?

  • If you don’t think that there is a problem, can you see how other people might disagree?

  • Would you like the chance to give your side of the story in a safe environment?

  • Do you want someone to listen to you without judging you?

  • Do you think that everyone has been open and honest so far?

  • What will happen if you do nothing?

Mediation can help you to get control of your future back into your hands

 
 

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