Mediation
What is mediation?
Mediation is the intervention in a negation or a conflict. It’s a process that helps individuals, groups or companies that are in conflict to resolve their differences. It’s a voluntary, non-binding and private dispute resolution process. Parties are encouraged to work cooperatively and constructively. Mediation also reduces any future acrimony, by identifying and resolving the key issues with the full participation and agreement of all those involved.
Mediation is offered and promoted by the law as an alternative to using litigation: the traditionally accepted court process for resolving disputes. Litigation is generally a time-consuming, difficult and expensive process. And the results often leave disharmony and a breakdown in relationships.
Characteristics of a typical mediation:
- It is voluntary in its initiation and continuation.
- It is held in private.
- It is a confidential process.
- The proceedings are conducted on a without-prejudice and off-the-record basis.
- There is no agreement until there is agreement.
- The parties define the issues and may vary them during the mediation process.
- The parties determine the outcome or remedies.
- Precedent is of little importance.
- Power may have an effect on the outcome.
- An agreement is enforceable.
- There is no appeal or review.
- The parties choose the mediator, who may be a specialist in the dispute subject.
- The procedure is determined by the mediator and is informal and flexible.
- The parties establish the forum.
- The parties agree to the time and place of the mediation.
- The forum is privately funded.
- The parties pay for the mediation.
- Parties may be represented by lawyers.
Our approach
Tindzaba Consulting’s role as a mediator is to create a safe environment for parties to discuss the conflict, and to find solutions that will meet their interests. We are an acceptable third party with limited or no authoritative decision-making power. We assist the involved parties to voluntarily reach a mutually acceptable settlement of the issues in dispute.
We also use mediation to establish or strengthen relationships of trust and respect between the parties, or terminate relationships in a manner that minimises emotional costs and psychological harm.
A settlement is only achieved with the consent of yourself and the other party in dispute. You retain control of the mediation process, as you fully participate in drawing up any settlement agreement.
Unlike court proceedings, mediation is not about winning or losing. It is about exploring possible solutions within the spirit of cooperation, understanding and mutual respect.
Tindzaba Consulting can help you to achieve successful settlements through innovative ideas, which are not constrained by legal and courtroom processes.
The mediation is guided by professional training and accreditation received from Conflict Dynamics:
Do you need professional mediators? Give us a call.
