Mediation is a process that aims to help parties in a dispute reach an agreement. It is a flexible and confidential process that is becoming increasingly popular as a means of resolving disputes outside of court.
During mediation, a mediator facilitates communication between the parties in an attempt to help them come to a resolution that satisfies everyone involved.
One important aspect of this is the role of the mediator. IMediators can either be neutral or impartial. These two terms are often used interchangeably, but they have different meanings.
Understanding the difference between the two can help you choose the right mediator for your dispute.
In neutral mediation, the mediator is not biased towards either party in the dispute. The mediator is there to help facilitate communication and assist in the negotiation process.
They do not take sides, express opinions or give advice. Instead, they focus on helping the parties reach a mutually agreeable solution to their dispute.
The role of a neutral mediator is to guide the parties towards a resolution that is fair and equitable. They do not advocate for either party or impose a solution on them.
Rather, they provide a structured and supportive environment that enables the parties to communicate effectively and reach an agreement.
In impartial mediation, the mediator is also not biased towards either party. However, in addition to facilitating communication and negotiation, they also provide their opinion on the merits of the case. The mediator can express their views on the strengths and weaknesses of each party’s position and suggest possible solutions.
The role of an impartial mediator is to help the parties find a solution that is fair and reasonable. They provide a more active role in the process by offering their opinions and suggestions. However, they do not force the parties to accept their recommendations or impose a solution on them.
Duration of a Mediation Session
The duration of a session can vary depending on how complicated the issues are and the number of people involved. Typically, a session can last from a few hours to a full day. However, some disputes may require multiple sessions to reach a resolution.
Mediation sessions usually begin with an opening statement from the mediator. The mediator will explain the process and the role of each party.
They will also outline the rules of conduct and confidentiality. Following the opening statement, each party will have the opportunity to present their case and share their perspective on the dispute.
Advantages of Mediation
It has several advantages over traditional litigation, including:
Cost-effective: It is often alot cheaper process start to finish.
Confidential: It is a confidential process, which means that what is said during mediation cannot be used in court.
Flexible: It is a flexible process that can be tailored to the needs of each party.
Voluntary: It is a voluntary process, which means that the parties are free to end the process at any time.
In conclusion, understanding the difference between neutral and impartial mediation is crucial when choosing a mediator for your dispute. While both types of mediators can be effective in helping parties reach an agreement, they have different roles and responsibilities.
The duration of a mediation session can vary depending on the complexity of the case, but mediation is generally a cost-effective, confidential, and flexible process that has several advantages over traditional litigation.