Mediation
An alternative, flexible and cost effective dispute resolution service that can take place before, during and after arbitration
EU Legislation – Why it matters to the cotton community >
What is Mediation?
Mediation is a flexible and cost effective process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution.
The Benefits of Mediation
- Flexible process
- Cost effective
- Confidential
- Conducted when and where you like
- No time limits
- You are in control of the process
- You can leave the process at any time
- Decisions are made by the parties, not the mediator
- It can occur before, during or after arbitration
The Stages
Mediation can occur before, during and after arbitration. Both parties must want to participate in the mediation process. Parties can choose a mediator from the ICA panel or they can ask the ICA to choose one on their behalf.
Mediation consists of five key stages:
Stage One
Preparation
Before mediation begins you will be asked to submit a brief statement highlighting the issues in dispute.
Stage Two
Opening
On the day of the mediation each party will have their own private room with a third room available for meetings requiring both parties. Both parties may be encouraged to deliver an opening statement to outline the dispute.
Stage Three
Exploration
The mediator explores the details of the dispute with each party separately, encouraging them to look at the dispute in a different light and to explore creative solutions.
Stage Four
Negotiation
Once a possible solution is being discussed by either or both parties the mediator may encourage the parties to negotiate a settlement and will act as a facilitator.
Stage Five
Settlement
If both parties agree to a settlement then a settlement agreement is drafted and signed.
