WHAT IS MEDIATION?

Not all disputes can be resolved in court. What’s more: most disputes revolve around other than legal issues, such as emotional, social and relational issues. In those cases, mediation has proved to be an effective tool.

Mediation is the process during which two or more parties try to get their dispute resolved with the help of a mediator. The (certified) mediator does not try to resolve the issue or try to come up with a solution to the problem, but helps and leads/guides the process and/or the negotiations in which the parties themselves talk their differences through and try to find a middle ground or compromise with which they are both happy with.

The parties are themselves responsible for the content of the resolution of their issue and the mediator thus functions as the facilitator in this process. The crux of the mediation process is to find the common ground of the parties involved.

IMPORTANT ASPECTS OF MEDIATION

An important aspect of mediation is the voluntary participation of the parties involved, meaning that they take part in the mediation process completely voluntarily and that they may end the mediation at any time. However, as long as the parties choose to partake in the mediation, it is important and required that they do their utmost to solve the issue and refrain from actions that might sabotage the mediation process.

Another important aspect is that of confidentiality. All parties, including the mediator pledge to treat all information they get during the mediation process and after as confidential, thereby not jeopardizing the process of reaching a solution.

In (worst) case that parties do not reach a solution to their issue, they may always go (back) to court. Mediation thus, does not affect your position in court nor your options to go to court. However, it is for the benefit of both parties and the mediation process that every pending/on-going proceedings in court be put on hold during the process, in order to guarantee the best results to reach a solution with which both parties can live with.

CAN JUSTA HELP YOU?

Mediation is not specific to a certain kind of dispute, but can be used in all kinds of conflicts, such as family issues, issues between employer and employee or between employees, business partners, etc.

Justa is a firm believer in mediation, since mediation focuses on the parties’ common grounds and not on their differences. Furthermore, it gives parties the chance to work through their differences, thereby hopefully opening the way to better communication in the present and future, and provides a safe place to ventilate one’s feeling’s and fears. Sometimes that is all one needs in order to feel validated/heard.

The way to court usually does not end in a satisfactory way for one or both parties, since parties have no part in reaching a solution to their problem. Mediation, on the other hand, is the platform that provides parties just that. Justa will be offering mediation in the very near future, so stay tuned!

Need a mediator right now? Contact us for a referral to a qualified mediator or in order to get additional information about the possibilities that mediation offers.