Private Mediation – Introduction
Private mediation is one of the non-adversarial conflict resolution method available amongst others. This method can prove to be the most appropriate when people involved in a conflict are determined to resolve their own differences. To facilitate the smooth running of the discussions, people involved in the conflict consider the assistance of a neutral & independent professionally trained mediator. The mediator will be present together with the people in their conflict resolution process to facilitate the discussions, document exchanges, conversations. The nature of this process is informal, although the arrangement between the people involved in the process & the mediator is that of a formal relationship signed through a Mediator-Appointment-Arrangement. The process remains under the privilege of “without prejudice”. The proceedings, discussions, conversations, including any document exchanges that happen within this mediation process, will remain confidential, private and cannot be presented as evidence if the dispute takes forms of a civil litigation. The final decisions or agreements from this mediation process could either result in a defined written agreement or a mere verbal understanding, depending on the combined preference of the people involved in the conflict. The entire process can be either be held online or offline.
Private Mediation – the Process
The process will broadly be conducted in 4 stages.
Stage 1: Pre-Mediation Counselling
The pre-mediation counselling meeting is held to assess the suitability of private mediation to the conflict. The mediator meets the mediation process requesting individual or organisation – to analyse if this private mediation process can or should be opted.
Stage 2: Initiation of the Mediation Process
- Fill and Submit the Mediation Request Form:
- Drafting, Reviewing & Signing of the Mediator-Appointment-Arrangement: The purpose of formally appointing mediator is to give the mediator the authority to facilitate the process. The arrangement is signed between all the people involved in the process and the mediator.
- Intake Session: In the intake session, separate individual discussions are held with every person involved in the conflict for the initial intake of information and their sharing. The purpose of this intake session is for the mediator to gather basic information, listen to the individual goals set, or any such other detail wished to share for.
Stage 3: The Mediation Process
- Exploring possibilities for arranging the sessions to facilitate the discussions, conversations, exchange of documents, or such other.
- Joint sessions: If the persons involved in the conflict opt for joint sessions, the sessions will be held together with everybody together.
- Caucus/ Separate sessions: For any reason, a separate session is asked for, or requested, the mediator will arrange a separate individual session for discussions.
Stage 4: The Result of the Mediation Process
- It is at the complete discretion of the people involved in the conflict to decide the shape of the final result of the entire mediation process. There could be three possibilities:
- End with a verbal understanding
- End with the decisions drafted on a self-written document
- End with the decisions drafted and taking form of as a formal or a legal document