Mediation involves a voluntary and confidential procedure where a neutral mediator helps conflicting parties find a mutually agreeable resolution. Unlike courtroom proceedings where a judge decides, mediation lets parties take an active role in shaping their solution.

The mediator aids communication between parties, assisting in clarifying their interests, concerns, and fundamental needs. Rather than imposing decisions, the mediator guides them through discussions and negotiations. This approach enables parties to explore diverse solutions, ultimately arriving at an outcome aligned with their requirements and desires.

In general, mediation provides a flexible and financially efficient substitute for traditional legal proceedings, encouraging collaborative problem-solving and maintaining relationships among involved parties. Its application spans diverse scenarios such as family disagreements, business disputes, workplace issues, and community conflicts.

Mediation offers numerous advantages:

• Cost-Effectiveness: Compared to litigation, mediation tends to be more economical due to its streamlined procedures and shorter duration.

• Time-Efficiency: Mediation often resolves disputes swiftly, in contrast to the prolonged nature of traditional court proceedings.

• Control and Empowerment: Parties wield greater influence over the resolution's outcome in mediation, actively participating in its formulation.

• Confidentiality: Mediation ensures privacy, enabling parties to discuss sensitive matters without concern for public exposure.

• Preservation of Relationships: By seeking mutually agreeable solutions, mediation fosters relationship preservation among disputing parties.

• Flexibility: Mediation permits inventive and adaptable solutions that might not be feasible in a courtroom environment.

• Informality: The relaxed atmosphere of mediation diminishes tension, fostering open dialogue between parties.

• Compliance: Parties are more inclined to adhere to mediated agreements, having contributed directly to the process.

• Reduced Stress: Mediation's collaborative approach alleviates the stress and anxiety often associated with legal conflicts.

• Support and Guidance: Mediators offer invaluable assistance and direction, aiding parties in navigating intricate emotions and issues throughout the proceedings.

Mediation generally adheres to a structured framework, although its specifics may vary based on the unique aspects of the conflict and the preferences of the involved parties. Below is a broad outline of the mediation process:

• Commencement: Typically initiated by one party reaching out to a mediator or mediation centre, or through a pre-existing agreement like a court order or contract.

• Introduction and Statements: The mediator begins by introducing themselves and explaining the mediation process. Each party then presents their initial statement, expressing their viewpoint on the matter.

• Information Exchange: The mediator facilitates a conversation where each party shares their concerns, interests, and desired outcomes. This phase involves attentive listening and may include seeking clarification.

• Issue Identification: After hearing from both sides, the mediator assists in pinpointing the main issues that need resolution, considering common ground and prioritizing concerns.

• Generating Solutions: Parties brainstorm potential solutions to the identified issues, with the mediator encouraging creativity and assisting in evaluating options' viability.

• Private Caucuses: The mediator meets privately with each party to discuss their interests, concerns, and potential solutions.

• Negotiation: Parties engage in negotiation and bargaining to refine potential solutions. The mediator aids in communication, helps overcome obstacles, and encourages compromise.

• Agreement Formation: Should parties reach a mutually agreeable solution, the mediator assists in formalizing the terms, potentially drafting a written agreement outlining agreed-upon conditions.

• Conclusion: With an agreement in place, the mediation process wraps up. Parties may review and sign the agreement, while the mediator may provide guidance on enforcement and implementation.

• Follow-Up: Depending on the agreement's nature, parties may need to take further steps for implementation. The mediator might follow up to ensure compliance and address any emerging issues.