When is Mediation Especially Appropriate?
Mediation has moved centre stage and works in any circumstance where parties have diverging interests that need to be resolved. It is particularly suitable where:
- The parties wish to preserve their relationship whether commercial, professional or personal.
- Confidentiality is key.
- The needs of the parties cannot be addressed in court.
- Time is of the essence – mediation is fast and flexible.
- The parties wish to avoid the costs of lengthy litigation.
What types of disputes can be mediated?
- Landlord and tenant
- Neighbour and community
- Business and customer
- Employer and employee
- Divorce and family
- Negligence
- Products liability
- Construction disputes
- Contracts
- Personal and real property
- Small claims
- Other civil matters
Do’s of mediation
- Do listen carefully
- Do be fair
- Do ask how each party feel
- Do let each one state what happened
- Do treat each person with respect
- Do maintain confidentiality
- Do mediate in private
Don’ts of mediation
- Don’t take sides
- Don’t tell them what to do
- Don’t ask who started it
- Don’t try to blame someone else
- Don’t ask “why did u do it?”
- Don’t give advice
- Don’t look for witnesses