It is essentially an informal process in which the parties are assisted by one or more neutral third parties in their efforts towards settlement. To mediate means to act as a peacemaker between those in disputes. Rather, the key decisions are made by the parties themselves. The mediator does not impose a decision on the parties. The mediator is agreed upon by all parties and is a neutral third person who helps the parties to reach an amicable settlement which is responsive to everyoneвЂ™s needs. Mediation is a form of assisted negotiation whereby parties agree to appoint a trained, impartial third party (the mediator) to assist them to resolve their dispute. Mediation can be used both before the commencement of and during formal proceedings or when other forms of dispute resolution, such as arbitration, are contemplated or progressing. Mediation can no longer be said to be a new phenomenon for the resolution of construction disputes and is now used for the resolution of disputes across a wide range of industry sectors. A further important factor is that the mediator does not decide the outcome settlement lies ultimately with the parties. Mediation is a вЂњprivate, informal process in which the parties are assisted by one or more neutral third parties in their efforts towards settlement.вЂќ By comparison to negotiation, the new and distinguishing feature here is the addition of a neutral third party who aids those in dispute towards settlement.

Mediation guide - the basics By Nicholas Gould, Fenwick Elliott Introduction

Mediator 9 full download