I’m going to make a bold statement. Not all mediators are equal.
Some of you have already learnt this the hard way. I hope many of you never have to discover this at all. Business disputes and conflicts are never easy, nor fun, but happen.
If you find yourself having to deal with business disputes, it’s always best to do this with confidence, and clarity, and sooner rather than later.
To help you to make a clear decision upon mediation or court, I’m sharing with you my top 7 golden keys to achieving good outcomes through excellent mediation. Good mediation will get the job done, but great mediation will touch you at your core and stay with you as peace and gratitude.
Confidentiality
Mediation is a strictly confidential process. Your mediator may only speak about your mediation to other people with your permission. Therefore, only your mediator’s authorised advisors or close and immediate support people may be privy to any discussions in mediation.
Release of Information
Your mediator may only release information at the completion of mediation as instructed and agreed to, by both parties unless obligated to by law or permission is given to do so.
Ground rules
Mediation is a respectful discussion and free from any threats or abuse. This is achieved by the facilitation of all parties agreeing upon a set of ground rules. This will outline clearly how you will treat each other during mediation. These ground rules will be maintained and upheld by your mediator.
Neutrality of Mediators
Your mediator must always be neutral and impartial. They will not benefit from a specific outcome of the dispute. A mediator will not be bias towards any party, and must not have any real or potential conflict of interest. Any real OR potential conflict of interest must be disclosed and discussed immediately. This allows you to raise any concerns you have if you become aware of any.
Mediators are NOT your Advisor
Your mediator assists you to reach an informed and voluntary agreement. As such, they will not provide legal, other advice or judgement under any circumstances. Your mediator may however, assist you to make an informed decision and may suggest/refer you to independent advice or counsel.
Inadmissibility
Offers made, information shared, and the things discussed and considered in mediation are not admissible as evidence in court. This allows you to carefully and clearly consider your options without fear or force to do something you haven’t fully agreed to.
Agreements
Mediated agreements are done so freely. If not, you may speak privately with your mediator to share your concerns with them. If the agreement is written, signed and dated it will have some legal weight and can be admitted and presented as evidence in court. Ultimately, in this event, the judge decides if they will order you to follow the agreement you reached.
If you are experiencing, or wish to prevent, conflicts and business disagreements, contact me directly for mediation counselling on 0448 000 010; or hello@eddiesenatore.com or browse my website theeddiesenatore.com to read some real life stories.
Tune into our video to learn about the 7 Golden Keys to Mediation Excellence
