Mediation is a voluntary, confidential process where parties work with a neutral and impartial mediator to resolve their dispute. The mediator does not provide legal advice, make findings, impose decisions or take sides. The mediator’s role is to facilitate discussions between the parties, assist the exchange of information, test positions adopted by the parties and help the parties understand the consequences of not settling. The parties decide how the dispute is resolved, rather than a Court imposing it on them.
R3 Resolutions adopts a facilitative approach to mediation by assisting the parties to have conversations that they have not previously been able to have, in an open and respectful manner. The mediator assists the parties to identify the issues in dispute, understand each other’s interests and positions better, and encourage them to consider options as to how the dispute can best be resolved.
A mediator does not provide legal advice to the parties or provide any determination of the dispute or the decisions of the parties. However, at times, with the consent of both parties, the mediator may incorporate evaluative techniques into the mediation.
Such techniques include asking questions to test the parties’ views on their legal position and making observations on the potential strengths and weaknesses of each parties’ legal position and the likely progress of the dispute should it move through to the adversarial process. Such techniques are invariably adopted in private sessions with each party and their lawyers.
While lawyers and insurers are usually well versed in the mediation process and what to expect on the day, for the parties attending the mediation it can be a stressful and uncertain process.
To assist parties to understand the nature of a mediation and the mediation process, R3 Resolutions provides access to interactive chatbots that provide that information, click on the button below to see an extract of the chatbot: