"When both parties can achieve a win,
that’s the best outcome.”
A certified mediator is a neutral person who can assist the parties in a dispute to achieve resolution.
The Mediation Process
The mediation process involves two or more parties who disagree but who are willing to work towards a resolution through talking and listening. The role of the mediator is to facilitate a conversation between the parties. Mediators remain neutral throughout the process and will not make decisions for you. The mediator is trained to establish and maintain a safe, confidential, and productive process that helps participants reach an agreement on their own.
At Velocity Mediation, we encourage the parties to cooperate and achieve a cost-effective, time-efficient solution avoiding lengthy and costly legal disputes by entering court proceedings. All parties can choose to meet individually with the mediator or together. The process is informal, private, and confidential, making mediation a relatively stress-free option to resolve differences. All dialogue during the mediation process remains confidential to the parties.
The principles of mediation include an evaluation of whether mediation is appropriate as an Alternative Dispute Resolution (ADR) to court proceedings. If the parties involved agree to proceed with mediation, the mediator will meet with each person separately in a pre-mediation session to identify the issues of each person, gather relevant information, and outline the mediation process.
The mediation process will commence when it is the clear intention of the parties to resolve the dispute outside of the court process. The parties are voluntarily in agreement to participate in the process and the principle of willingness applies at all stages of the process.
Willingness is the main principle that applies to parties participating in mediation. The mediator or any party may withdraw at any time from the process if one party decides to not seek resolution of the dispute. The mediation process is safe and remains neutral until the dispute is resolved.
The mediator will set an agenda working through the needs and interests of the parties. The goal is to find a common ground and communicate it to the parties. The mediator will document the agreement reached by parties as clearly as possible in a Memorandum of Understanding or Contract Agreement that is a formal mediated agreement for parties to sign.
The general principles of mediation are:
Velocity Mediation and its mediator must be acceptable to all parties.
The mediator must clear conflict with all parties to ensure neutrality.
The parties must agree to allow a neutral third party to guide the process to agreement.
The parties must agree that the mediator controls the process.
The parties must understand that they control the settlement.
The parties must engage voluntarily and agree to the settlement.
The parties reserve the right to proceed with litigation if an agreement is not reached.