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INFORMATION
Mediation
Empowered To Talk

Can I refuse mediation?

The Courts now consider themselves the "last strike".  Except where they may be good reason, you are either mandated or expected to have tried resolution through mediation.

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It can be a difficult and courageous thing to ask for, or agree to, a request for Mediation or Empowered To Talk.  We acknowledge that often, for at least one party if not all, a great deal of suffering and stress has been involved.  Emotions and stress can run high and this is what is brought to the table.  It can be hard to imagine how this can be validated and held in a space that also reaches an improved situation or resolution.  However, it usually does.  We therefore acknowledge that by agreeing to participate, you are trusting us to handle your situation with the skill it requires.  We are fully committed to facilitating you to leave the process in a better position than when you came in. 

Independent mediation is widely known, but in fact also widely misunderstood by both the public, lawyers and their clients.  You do not need to bring all the papers and documents that may be evidence and arguments over the previous period of time.  However, you are all asked to submit any details you wish for me to study prior to the mediation to have some understanding of why we are here.

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I will ask you various questions to consider prior to our meeting.  These may be unique to your situation but which centre around the aims, desires and outcomes of why you are participating.  For some it may the first time they have been properly heard, for others to see an end to contractual or workplace conflict, for others to prevent or end court proceedings.

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If you are considering Empowered To Talk you may have your own unique prorities.  Difficult decisions may require agreement within a family group.  An organisation may be seeing relations and co-operation deteriorating, workplace happiness, productivity and profits being affected or a situation is getting out of hand.

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Mediation and Empowered To Talk are not formal but they are structured to a degree.  You may choose to dress in a way that makes you the most comfortable and relaxed.  If that is your best suit or your weekend clothes, that is ok.  We will break for tea/coffee and can organise refreshments.  There are guidelines you are asked to follow before we commence as they make up the tools of the process, but it is your mediation.  We do what we can to move from this position now, to the one that you seek.

 

Agreements we make can often be more far reaching than the courts are able to give.  Their legal remedies can be limiting and therefore unsatisfactory.  As such, often the courts encourage mediation because of this.  However, whatever is agreed can still be drawn up into a court order if required.

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In an independent mediation the information shared cannot be used for the purposes of legal proceedings and court.  It is confidential.  For this reason, the lawyers are not usually present.  It is common to have your lawyer available at the end of the phone and document exchange, such as email.  Depending on your circumstances, it can be very useful to have your lawyer involved in the process.  It is sometimes preferred or necessary to have legal approval before an agreement is finalised.  You are free though generally, to make any agreement you like.

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The process is very flexible.  You can discuss how you may like it to work for you. 

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Resolution solutions can have 85-95% success rate. 

We are dedicated to providing you with the power to reach the resolution solutions you need.

Can you agree to sit around the table with us?  That is all it takes

What is Mediation

Mediation and our Empowered To Talk is a dynamic and empowering process aimed at resolving conflicts and disputes as well as recognising the period of time prior to conflict, where you can be struggling to find agreement and co-operation. At Isle of Wight Mediation, we specialize in facilitating constructive conversation and negotiation in a structured, relaxed environment, to reach mutually beneficial agreements. Our approach focuses on promoting resolution where there is not a win or lose situation but one where all concerned can agree on the outcome.  We take pride in our ability to foster positive outcomes for all parties involved. 

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