Mediation Concepts and Principles

Overview

  • Conflict is not necessarily negative; it is the symptom of a problem that has not been taken care of or a routine, which is no longer relevant. However, if not properly handled, most conflicts rapidly create negative consequences. Relationships break down and partnerships collapse.

  • Time, resources and money are wasted; people are emotionally, mentally and even physically hurt.

  • It is therefore, of the highest importance that conflicts are prevented, managed and solved. That is the purpose of mediation.

Practical Guidance

What is mediation?

  • Mediation is a dynamic, structured and interactive process (through a dialogue) where a neutral third-party assist disputing parties in resolving conflict through specialised communication and negotiation techniques, without resorting to court or arbitration centres. It is an alternative dispute resolution process to resolve conflicts between parties with concrete effects.

  • Mediation helps the disputed parties (such as shareholders/partners/franchisors/franchisees) manage their differences in a voluntary and consensual manner to reach a settlement.

What is the mediator's role and what are the mediator's traits?

The mediator facilitates better mutual understanding between the parties so that they can build solutions based on shared agreement and fairness.

Role of the mediator