The Mediation

The Mediation is the process agreed upon and adopted by the participants to raise the issues in dispute and seek a resolution of differences leading to an agreement. 

The basic format for the Mediation will usually be outlined in the 'Agreement to Mediate'. 

The Mediation typically takes the form of meetings or sessions between the Mediator and the parties either seperately or together. However this is not obligatory and the mediation can be realised through other means of communication if appropriate and agreed by the parties (see ODR below).

Mediation Sessions

Once it is established that the parties agree that Mediation can help and have signed an 'Agreement to Mediate' the most likely next step is for the Mediator to facilitate one or more meetings in a neutral and private location where the parties can seek to resolve the dispute.  The purpose of the meeting is to foster good communication between the parties, encourage conciliation and cooperation so that they can move from dispute to negotiation and finally agreement.

Mediations do not have fixed, formal or compulsary elements.  MII Mediators are trained to deploy a wide range of options and skills in ensuring that the Mediation can be as effective as possible.  Mediation sessions will usually include some or all of the following;

  • the establishment that all participants understand the 'ground rules' concerning confidentiality and behaviour.
  • the ensuring that all parties understand the role of the Mediator.
  • the parties each articulate their side of the story and indicate what they feel is important.
  • issues are identified which require attention and discussion.
  • the interests and objectives of each party can be clarified in light of the issues identified.
  • objective criteria for approaching the areas of difference can be discussed and agreed.
  • the identification and timetabling of any further asistance or information which would assist.
  • identify the existing options to resolve the differences.
  • arriving at broad proposals for resolution
  • discuss proposals and analyse in detail whether they could be effective.
  • adjust and refine proposed solutions until both parties find them acceptable in full.
  • formulate the solutions into an agreement or memorandum.

Online dispute resolution (ODR)

Its not unusual for disputes to cross borders or for disputants to be located considerable distances from each other - a seperating couple may live in different countries or a dispute could arise between businesses who trade internationally.  Even in a more localised situation there may be health issues or other sensitivities which preclude attendance at a meeting.  Mediation has embraced modern communications to meet these challenges.

Mediation can now be carried out fully online using Skype and other communications and meeting platforms (including specially designed Mediation platforms) or it can be managed by a combination of meetings, conference calls and online technology to overcome distance and other obstacles.  Your Mediator should incorporate ODR as a solution should any issues with meeting attendance arise.


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Certified Training Courses

The MII accredits mediation training courses which meet set training standards. The following training programmes have been recognised as MII approved training programmes.

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CPD Training

The purpose of CPD is to ensure that Mediators keep their knowledge and skills up to date for the benefit of users of their service and for their own personal and professional development.

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