MEDIATION
You craft your solutions... and we help
What is 'Mediation' ? The Ministry of the Attorney General's excellent short summary includes these key points:
- "Mediation is one way for people to settle disputes, potential disputes or lawsuits outside of court. In mediation, a neutral third party - the mediator - helps the disputing parties look for a solution that works for them."
- "Mediators, unlike judges, do not decide cases or impose settlements. The mediator's role is to help the people involved in a dispute to communicate and negotiate with each other in a constructive manner, to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement."
- "The purpose of mediation is not to determine who wins and who loses, but to develop creative solutions to disputes in a way that is not possible at a trial."
Mediation can be applied to any form of dispute or potential dispute, and can be utilized by individuals, organizations, communities, or other people or entities who have an interest in the outcome.
There are many styles of and approaches to mediation and many ways of defining those. Included in those styles are what can be called...
Please note that the definitions given in these pages are greatly simplified and are not terms of art or definitive. They are intended to give the website visitor a short overview of the concepts involved and the services provided by Camberwell House.
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Guided (or Directed) Mediation
Guided (or Directed) Mediation is a more active, less neutral, less passive form of mediation. In this format, the parties agree in advance that the mediator is an active problem-solver, participating with the parties in an effort to find a solution. In many disputes the parties realize that they can be guided or directed to a solution that is acceptable to both of them. They don't necessarily want a mediator who is dispassionate and neutral, they want a fair and honest go-between who is willing to tell either or both of them the hard truths, and capable of reaching in and pointing directly to workable solutions.
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Neutral Mediation
Neutral Mediation is the most traditional form of mediation. The parties agree on a mediator who plays a wholly neutral role in their dispute, balancing evenly between them in an effort to find a solution. In this model, the mediator is a completely dispassionate player.
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Facilitated Negotiations
Sometimes people and organizations don't have disputes but merely shared problems, or situations which require joint effort to bring to an effective resolution. For example:
- business restructurings
- purchases or sales
- estates which need to be planned with the input of beneficiaries
- shared land use problems
Such situations require cooperative efforts to make sure that:
- everyone's views and needs and desired outcomes are taken into account
- the plans and agreements embody everybody's intentions and expectations
- matters which parties may not have considered are adequately canvassed
- innovations are examined and improvements can be made
- possible conflicts are revealed
- potential pitfalls and dangers are avoided
- any paperwork is drafted in a clear and legally effective manner
- no-one's legal interests are compromised
- the parties are able to understand their situation; and are able to communicate effectively with counsel
Camberwell House works cooperatively with all of the parties, helping their negotiations along to produce the best possible, most viable and enduring agreement amongst them in a collaborative and inexpensive way. Our role is to mildly guide the process and help as to form, leaving the decisions on substance where they belong: with the parties.
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What is 'Online Mediation' ?
Online Mediation is Mediation conducted through the internet. It is often ideal for people who find interpersonal dynamics difficult, or for those living in isolated locations, or those who find it difficult to set aside time for travel and face-to-face meetings. It is also useful for handling many routine matters within ordinary mediations, especially for factual exchanges and clarification of routine questions.
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Ombudsman Services
In-house solutions from an external source. Many private companies and other organizations require an individual from the outside who can investigate a complaint or examine a problem or dysfunction or allegation within the company or organization. They usually don't need such individuals on a full-time basis. Camberwell House is available to be that neutral, objective third party operating on a contract basis.
Please note that the definitions given in these pages are greatly simplified and are not terms of art or definitive. They are intended to give the website visitor a short overview of the concepts involved and the services provided by Camberwell House.
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