By Chijioke Nnanna Ibeku
What is Mediation?
Mediation is one of the tools in the Alternative to Dispute Resolution Mechanism wherein parties (known as Disputants) resolve their disputes guided by a third party k own as the Mediator to reach a Settlement Agreement. It is conducted confidentially and not binding unless and until an agreement is reached and signed by the parties (disputants). It is generally known as a parties process. The parties have to be willing to mediate; thus, if either party is not willing to mediate, mediation process cannot take place. The Mediation process is designed to meet the needs and Circumstances of the parties. Mediation offers the parties (disputants) the opportunity to be in control of the dispute resolution process.
How can Mediation take place?
Mediation can be initiated either by the parties who are involved in the dispute or by the order of the court; with respect to being initiated by either party ,he or she can decide to reach out to a Mediator to facilitate the settlement of a dispute. Once the other party is willing to Mediate, Mediation can take place.
In respect of the court, the court can decide that the parties recourse to Mediation pre trial to sort out their differences
I have in this write up, tried as much as possible to introduce the concept of Mediation and how it works. In subsequent editions, I shall talk about on who is a Mediator and the phases Of Mediation.
WHO IS A MEDIATOR?
A mediator is a neutral third party who facilitates the mediation process, builds trust, confidence and helps partners to develop creative options for settlement. The Mediator is to make sure that the process is done in a manner that due regard is given to procedural fairness, presence of appropriate parties, competence and mutual respect among parties. The Mediator must have a firm control over the process.
- The Phases Of Mediation
- The Preparation Phase
- The opening Phase
- The Exploration Phase
- The Negotiation Phase
- The Concluding Phase Of Mediation
The Opening Phase: The Mediator meets the party that wants a matter mediated on. He gets to know what the dispute in question entails, thereafter he sets out a date to meet the disputants and tells them what he or she expects of them during the Mediation Session.
The Exploration stage: This is where the disputants express their feelings on the dispute in question; thereafter the Mediator carefully notes the areas of disagreement and agreement. From here, he gets them ready for negotiation.
The Negotiation Stage: This is the stage at which parties are ready to negotiate settlement terms. This is the movement of parties to agreements. This can be done either in the private or joint meeting. It is important to note that the Mediator should bear in mind that the settlement will be on the terms reached by the parties and not his decision. At this stage, the Mediator emphasises importance of reaching a Settlement Agreement and also consequences of not reaching a Settlement Agreement.
Chijioke Nnanna Ibeku is a Lawyer, Certified Mediator, Author and Consultant, Fellow of the Chartered Institute of Auctioneers, Fellow Institute of Micro Credit Administration and Member Nigerian Bar Association.
