Mediation is an interactive process to an
impartial third party in which they are neutrally assisted between disputing
parties in negotiating jointly acceptable resolution of their conflict issues
by the use of specialized and negotiation technique ideas. Participants must be
actively involved and participate in the mediation process. Tweed Heads mediation Lawyer can
reduce the level of stress in a difficult relationship. It also allows both
parties to collaborate in problem solving and does not apportion blame to the
other party so that they can draw a line under their conflict and move on. It
is typically a problem solving to resolve conflicts.
What is a Mediator?
The Mediator is the person who will assist
and meet both parties in a neutral location where they can discuss the dispute
and suggest a variety of solutions to their conflicts.
What is the Role of Lawyer in Mediation?
The mediator encourages the disputants to
resolve their disputes or conflicts. But, there is also a major role played by
a legal practitioner. Practitioners also have their role in the procedure that
has three phases such as pre-mediation, during mediation and post-mediation.
Pre-Mediation
For a good result, it has to be the
preparation that is important. Both parties will be briefly knowledgeable about
the procedures in mediation. They will be both asked what has been agreed and
has decided on the date and time of mediation by the mediator who will handle
the case. The issues related to the dispute must be discussed by the client and
advocate. All the relevant documents that are available and prepared prior to
mediation should be handed over to the advocate. The important role in making
both parties aware in the whole procedure is held by a legal practitioner.
During Mediation
During the procedure, the mediator will guide
and advise both parties or his/her client on how to present the issues and
various proposals will be made by the parties. They help by formulating the
proposals so it will be beneficial to their clients. When their clients are in
a difficult situation or pressured settlement, the mediator saves them and
comes up with a creative solution in order to solve the situation or disputes.
Post-Mediation
After the two phases , there are two outcomes
of the mediation procedure. If the process has been successful, the agreement
that the client has been settled upon, will now be prepared by the advocate. It
allows the client to be proactive even if their case does not settle in the
first session. If the process or mediation is not successful, the advocate will
be required to the purpose of litigation. The client may also approach the
court for the best remedy.
It is by providing a neutral, fair and
confidential setting in which both parties can openly and freely discuss their
views and perceptions over the underlying issues or disputes by a mediation.
The most effective and efficient way and solution is to enhance the
communication of both parties for them
to be mutually beneficial.
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