Brief Explanation of Mediation process
1. Voluntary process
2. Flexible and in an informal setting
3. Confidentiality is paramount and everything that is said in mediation is confidential
4. It is a safe process
5. The mediation process is without prejudice and nothing that is disclosed in mediation can be used in a court of law. Neither the other party nor the Mediator could testify about anything that was discussed during mediation.
6. Either party can get advice from an attorney and may return to litigation when the mediation fails
7. The Mediator is impartiality, neutral and the independent. The role of the Mediator:
• The parties chose the mediator
• They understand that the mediator may recommend a co-
mediator
• The Mediator is a member of SAAM and has done two
accredited courses in Family Law and Family Law Mediation at NWU
• The mediator agree that she will act with good faith, act without
bias, have no interest directly or indirectly in the outcome of the mediation. Not have the power or authority to render a binding decision and that she will provide a summary of the mutually acceptable proposals at the end of the process.
8. Experienced third party
9. Mediator controls the process and plans the process
10. The parties determine the content and outcome of the dispute
11. Benefits of mediation:
• Cost effective
• High rates of settlement
• Time saving
• Optimal terms of settlement
• Satisfaction of both parties
• Speed of mediation
• Mediation process is an opportunity for creativity for solutions
• Preserve ongoing relationships