Resolving disputes with mediation! It’s a process and one that no one likes to do. We get that! It would be nice to think that we could all get on, that there never would be a need for courts, lawyers and mediation; however, as we are free-willed species, there will always be a place for these services. Thank goodness, I say, or I would be out of a job!
Having said that, not everyone can do well at resolving disputes with mediation. And, I have to say it out loud, I am particularly good at this. One of my skills lies in mediation. And, it really is a skill. I have honed my ability to gather info and deal with the parties involved in such a manner that by the end of the process, they are feeling comfortable and fairly treated.
What is a Mediator?
This person is someone who has many good traits. No, they are not angels, but many who have used a mediator in their lives may think they are. When all is said and done, they are very patient and persistent. They take their time to understand all the facts. They slow it all down when slowing down is needed, and they use their common sense to bring order to chaos.
A mediator is much more than a third party listening in and being the wall between two or more people. A mediator can, in many circumstances, be the shining light on a possibly grave situation. A mediator is an expert at resolving disputes. They do not take sides. They do not judge. And they always look for the most amicable way out of an argument.
Yes, a mediator is very much like an angel from God.
Resolving Disputes with mediation whilst keeping the human element strong
One reason I have included mediation in my arsenal of services is that I have seen relationships destroyed simply because there was no one around to assist. Going off to mom and dad or your best friend to help solve a dispute can sometimes work, but mostly, it does not.
A mediator is neither family nor friend; however, they could be the best part of your life when sorting out a mess. And, most messes or disputes are generally because of words getting mixed up – the classic he-said-she-said scenario – which can ruin lives.
The mediation process is lengthy; however, things have a precise order. First, the mediator will have all parties sign an AGREEMENT OF MEDIATION, which confirms that all involved are happy that a mediator has been brought into the mix.
Generally, gathering info takes place at a neutral location, typically of the mediator’s choosing. Once all facts and figures are gathered, the mediator goes away with the intel. They take their time to understand both sides, and by either applying witnesses or law, they come to a possible win-win result.
The only other document that may be needed once the mediator has come up with a solution is a SETTLEMENT OF AGREEMENT letter. This details the facts and solution, where all parties sign and the dispute is solved.
This may all sound very clinical; however, a mediator is always considering each person’s side. While they do not take sides or ask anyone how they are feeling (that is left for therapists and the like), they do ensure that all facts have been taken into account. It is, after all, always about facts.
If you are worried about a situation that looks like it will blow up or you are in a situation where no solution seems probable, do consider investing in a mediator who successfully resolves disputes.
Book a consultation with Nicola Le Roux at Le Roux Attorneys to take the next step towards resolution. And, to keep up to date with all we offer, do follow us on social – LinkedIn and Facebook.
