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MEDIATION SERVICES

MEDIATION SERVICES

Professional Mediation Service Consultants

MEDIATION SERVICES

MEDIATION SERVICES

Hassle Free Alternative Resolution

MEDIATION SERVICES

MEDIATION SERVICES

ADR Group Certified Services

Friday, February 21, 2020

Sample Procedure

Mediation Procedures

• The parties to a dispute or negotiation in question will attempt to settle it by mediation.
• The representatives of the parties must have the necessary authority to settle the dispute.
• The procedure at the mediation will be determined by the mediator.
• The parties will agree to the appointment of an ADR Group accredited mediator.

Mediation Agreement

• The parties and ADR Group will enter into and sign an agreement (“Agreement to Mediate”) in advance of the mediation, which agreement shall govern the relationship between the parties before, during and after the mediation.
• Each party, in signing the Agreement to Mediate, will be deemed to be agreeing on behalf of both itself and all such other persons to be bound by the confidentiality provisions of the Mediation Procedure.

The Mediator

The mediator will:

• attend any meetings with any or all of the parties preceding the mediation, if requested to do so, or if the mediator decides it is appropriate;
• prior to the commencement of the mediation read and familiarise him/herself with each party’s Position Statement;
• determine the procedure;
• assist the parties in drawing up any written settlement agreement;
• abide by the terms of the Mediation Procedure,

The mediator will not:

• impose a settlement on the parties;
• offer legal advice or act as legal adviser to any party;
• Analyse a party’s legal position or rights.

The parties and mediator acknowledge that the mediator is an independent contractor and is not appointed as an agent or employee of any of the parties or ADR Group.

Mediation Arrangement

ADR Group, will in consulting with the parties and the mediator, make the necessary arrangements for the mediation including, as appropriate:

• recommend mediators;
• liaise between the parties to agree suitable date and venue;
• assist the parties in preparing their Position Statement;
• discuss or meet with any or all of the parties or representatives, either together  or separately, on any matter pursuant to the proposed mediation;
• General administration in relation to the mediation.

Representation

• Parties do not require legal representation to attend the mediation.
• Where a party is un-represented, ADR Group encourages such party to obtain independent legal advice pursuant to the mediation.
• Each party is required to notify ADR Group and other parties involved in the mediation of the names of those people intended to be present on its behalf at the mediation.

Position Statements & Documentation

• Each party will be required to prepare and deliver to the mediator, within seven (7) days of the mediation, a concise summary (“Position Statement”) of the case in dispute.
• ADR Group do not impose any obligation on the parties to exchange Position Statements, but parties are free to agree to the simultaneous exchange of the Position Statements, if so agreed or if considered appropriate.
• The Position Statement is private and confidential and will not be disclosed to any other third party unless expressly authorised to do so.
• Parties are encouraged to prepare and agree to a joint bundle of documents where appropriate.

The Mediation

• No Formal record or transcript of the mediation will be made.
• The mediation session is for the purpose of attempting to achieve a negotiated settlement and all information provided during the mediation session is without prejudice and will be inadmissible in any litigation or arbitration of the dispute.
• If the parties are unable to reach a settlement during the mediation, the mediator may, if requested to do so, facilitate further negotiation after the mediation session itself has ended.

Overview of the ADR Group

Since its formation in 1989, ADR Group has been actively involved in the development of mediation in the UK and have a panel of over 450 specialist mediators.  ADR Group’s panel of mediators come from a variety of backgrounds and are drawn from ADR Net Limited, a company within ADR Group.

The vast experience accumulated from the management of over 2,000 civil and commercial mediations enables ADR Group  to offer comprehensive impartial advice on all aspects of mediation, ranging from how to prepare for a mediation, what documents to produce, what to expect on the day through to what you need to consider in choosing a mediator.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) (also known as external dispute resolution) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation).

The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.

Mediation Landing

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Advantages of Mediation

• Speed of dispute resolution
• Cost Savings
• It improves communications
• It’s flexible
• It addresses unreasonable claims and expectations

The benefits of mediation include:

Cost
While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs.

Confidentiality
While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator(s) know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.

Control
Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.

Compliance
Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.

Mutuality
Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to "move" their position. The parties thus are more amenable to understanding the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute.

Support
Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions.

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Address: Sabie, Mpumalanga, South Africa

Phone: (+27) 076 201 5618

Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.
Web: www.mediationservice.co.za

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Mediation Services
Mpumalanga, South Africa
T (+27) 076 201 5618

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web: www.mediationservice.co.za

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