Mediation as a form of alternative dispute resolution is always useful when parties to a dispute want to resolve their dispute out of court and independently. Through mediation, the parties to the dispute are empowered to independently find a solution to it. The aim of mediation is to attain a binding and sustainable solution to the dispute, which all parties thereto agree on. The mediator promotes the process of reconciliation between the disputing parties and uses technical communication and intervention techniques.
Prerequisites for mediation are:
- Voluntary participation
- Acceptance of outcome
- All parties must interested in finding an out of court solution
- Counselling on whether mediation is a suitable method of conflict resolution
- Conduct mediation
- Legal advice regarding the mediation and implementation of the resulting agreement