Mediation Model Answer

• Mediation is a process where a neutral and independent third party acts as a messenger between the parties to assist in dispute resolution. Although it can be used for any type of dispute, it is suited to smaller disputes such neighbour disputes over noise and many associations such as the NHS complaints procedure encourage mediation and particularly helpful where an on-going relationship is involved.
• Mediation is generally voluntary and informal but is compulsory in family cases (such as divorce and child custody) under the Family Law Act 1996 where parties must attend a Mediation Information and Assessment Meeting (MIAM). The aim is for the parties to attempt to try and settle their dispute rather than a judge to have to intervene. Their case would only be able to be heard in Court if a MIAM had taken place with the exception of cases involving domestic violence.
• The mediator can be a friend or can be provided by a fully qualified professional from organisations such as the Centre for Effective Dispute Resolution (CEDR) or the Advisory Conciliation and Arbitration Service (ACAS). However both parties must agree on the choice.
• The role of the mediator is to consult with each party and see how much common ground they have between them. Mediation usually takes place in a neutral private setting at a time convenient for the parties. The mediator will aim to encourage communication between the two parties by passing messages, offers and counter-offers between them whilst keeping confidentiality.
• Although it is encouraged that the two parties will be in the same room together with the mediator, if the parties are unwilling to meet face-to-face then the mediator can speak to them independently in separate rooms. The mediator can support the parties define issues and act as a facilitator, but the mediator must remain neutral and not act as an advisor or give their opinion. The parties themselves must find a solution to the dispute themselves. Settlement cannot be forced upon them.
• If a settlement is reached, it can be set out in writing and becomes a legally enforceable document.
• Mediation is only suitable if there is some hope that the parties can compromise.