Conflict is inevitable in any relationship. Conflict has the potential to ruin relationships, but conflict can also lead to personal growth and understanding. If you are facing a conflict with someone and want an alternative to litigation, Mediation may be a good option for resolving your conflicts without having to go through costly legal proceedings. In this blog post, Dr. Jonathan Toussaint explains what mediation is and why should you consider it in the first place?
What is mediation?
Mediation is a form of alternative dispute resolution, where two or more parties come together to settle an issue. It's a process that involves discussion and finding a compromise in order to come up with an agreement on how they want to resolve the problem.
It often involves an impartial third-party, called a Mediator.
The mediator will set guidelines and rules for the mediation process to take place. They'll also ensure that both sides are being heard and not feeling pressured or threatened in any way by the other party.
Mediation is different from arbitration because there's no winner-takes-all outcome; instead, it focuses on making sure all parties feel they've been listened to and their needs have been addressed.
What are the benefits of mediation?
Mediation can help you resolve your disputes in a way that is less expensive, quicker and more amicable than going to court.
If you have an issue with someone else (be it on a personal or business level) mediation can help you reach agreement without the need for litigation or resorting to other forms of public dispute resolution such as arbitration or adjudication.
In addition, mediation offers significant benefits not available through the traditional legal process:
- It tends to be faster and easier to get started - there's no complicated paperwork so we don't require people who are fighting over minor issues spend hours filling out stacks of documents before they can even talk about their problem;
- No formal appointments necessary – if things go well one session could suffice but if the issue is more complicated it's not unusual for mediation to require a couple meetings.
- The mediator will help you and your opponent talk about what happened, how each of you feel about what has occurred, and offer thoughts on steps that could be taken going forward;
- Mediation can lead to agreements or resolutions that are better than those available through litigation because they take into account both parties' interests instead of just one party's interest;
- It cost less – with no high legal fees the entire process is much cheaper.
What are the different types of mediation?
Mediators consists of different types and they are trained differently to work with specific issues. The types of mediators include:
1. Financial Mediation
This type of mediation is useful for conflicts that are related to finances such as divorce settlements and business disputes. A financial mediator usually works with people who do not know how to balance their bank books properly or manage cash flow well enough so they can reach an agreement on what will be fair distribution of assets and liabilities.
2. Family Mediation
The goal of this type of mediation is to help families communicate better by improving skills like problem solving, negotiation, communication and conflict management. For example, at Dr Toussaint often use family therapy sessions when working with couples whose fights escalate.
3. Employment Mediation
The main goal of this type of mediation is to help people who have problems at work by preventing and dealing with issues such as harassment, discrimination, bullying or occupational health.
Depending on the type of mediator, there will be different criteria for their qualifications.
How to find a good mediator?
Finding a good mediator is a difficult task. You should have in mind that not all mediators are the same and they don't always share the same values or principles, so you might want to avoid those who display unethical practices on their website.
Even though finding a good mediator is hard, there are some questions you can ask yourself when choosing one:
- What type of mediation does the person offer?
- How long has he or she been practicing mediation for?
- Does he or she have any professional memberships with associations?
- Has he or she ever mediating international disputes?
- Does the person have any references that I can contact and get some feedback from them about their experience with this mediator?
If you ever need one of the best mediation services in Newcastle, contact Dr. Jonathan Toussaint to find out more about how he can help you resolve conflicts. He has been a mediator for over 25 years and has helped thousands of people reach a peaceful resolution.
Dr.Toussaint is an experienced mediator who will be able to help you understand the mediation process from start to finish, including how your case may progress in court if it can't be resolved through mediation. He also specializes in family law matters like divorce, custody battles, child support disputes or any other dispute between two parties that are related by blood or marriage.