October 2018

Mediation is assisted negotiation. It is a consensual process whereby parties in dispute appoint a third-party neutral (who has no interest or stake in the subject matter of the dispute) to facilitate resolution of their dispute on mutually agreed terms. Mediation, which is also commonly referred to as conciliation, is a dynamic, structured, interactive process in which a neutral third party assists disputing parties in resolving a dispute through the use of specialized communication and negotiation techniques. The process is voluntary, confidential, and the mediator/conciliator does not render a decision but helps the disputants to generate a mutually acceptable outcome. 

Professional mediators and accredited alternative dispute resolution (ADR) practitioners often make the mistake of assuming that the word “mediation” is understandable by consumers of ADR. Yet it is not. Neither do a majority of prospective clients appreciate what mediation entails. What mediation is features as one of the most frequently asked questions that I am

My appearance in court soon after admission many many years ago was punctuated by a mixture of disbelief, utter shock and amusement, not to mention the barrage of questions that ran through my mind as to how long I would be part of the occasional comedy that saw couples wash and air their dirty linen