What is Mediation?

What is Mediation?

Disputes. Arguments. Disagreements. You wish you could run your business without them. But no matter how hard you try, problems seem to always come up.

But what if you could turn this annoyance into an advantage? Instead of time-consuming and expensive litigation that leaves everybody unhappy, what if you could handle disagreements in a way that strengthens rather than weakens relationships?

Around the world, businesses frustrated with the costs and unpredictability of the legal system are turning to mediation. Unlike the public, frustrating court process, mediation is a private, flexible procedure in which a trained professional assists the parties in reaching a settlement that works for both sides. A true “win-win” solution.

Compared to litigation, mediation is more flexible, cost-effective, private and efficient than the public litigation process. Though all matters are not appropriate for mediation, most are, and its no wonder then that worldwide, over 80% of all disputes referred to mediation are successfully resolved.

Its not surprising, then, that mediation is one of the fastest growing dispute resolution methods, as businesses discover that its flexibility and effectiveness mean faster, more effective and less painful resolution of disputes.

Stages of Mediation

Pre Mediation Process

• The parties which have a legal dispute, slate their case to Mediator of PMN;
• Together the parties appoint a mediator who appropriate properly for the case’s characteristic;
• The chosen mediator arranges meeting with all the parties to discuss about the part of mediator, procedures and expense.

Mediation – Negotiation Process

• Mediator arranges separate meeting with the parties in gathering initial informations;
• Mediator arranges meeting with all the parties together to define the problem, importance and necessity of all the parties which have a legal dispute;
• Mediator help parties to expanding the alternative resolution for the problem, importance and necessity that have been defined;
• The parties negotiating the alternative resolution with the guidance from mediator to reach an agreement.

End Mediation Process

• If agreement reached, the parties will sign a resolution document which will be processed to be a bonded agreement;
• If no agreement reached, the parties could end the mediation by submitting resignation from the mediation process.

     Source: www.pmn.or.id

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