Mediation is a flexible process that can be used to settle disputes in a whole range of situations. Mediation involves an independent third party, the mediator, who helps people to agree a solution when there is a disagreement. The mediator helps parties work out what their issues and options are, then use those options to work out an agreement.
With the help of the mediator, the parties with the dispute decide whether they can resolve things and what the solution should be. The mediator does not take sides or make judgements. The mediator will ensure that both parties get a chance to state their case, hear the other side, work through the issues that are important to them and make an agreement. Parties in mediation are in control of the solution.
Mediation is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, they can still follow formal procedures such as grievances and complaints or go to court if appropriate. The details of what went on in the mediation will not usually be disclosed or used at a court hearing.
Please see the videos below from the University of Strathclyde Mediation Clinic to explain mediation and the process.
Court Referral to Mediation – What Happens Next?
Making the Most of your Mediation Session
What Happens at a Mediation Session?
If you are unsure if mediation could help with your dispute or would like further information, please contact the Scottish Mediation Helpline on 0131 556 8118.
To find a local mediation service, or a mediator who serves your area, use Find a Mediator or email us at admin@scottishmediation.org.uk