•The mediator must assure the parties that he is not biased.
The dispute must be a suitable case for mediation.
Ground Rules:
Mediation is a voluntary, non-binding, without prejudice process which will not take place or succeed unless both parties are open-minded and prepared to co-operate.
The dispute must be a suitable case for mediation. Relationship, divorce and child contact issues are examples of mediation.
The parties must be prepared to compromise. If a party is totally opposed to compromise a court hearing needed.
The mediator must be trained and skilled in the art of mediation. The negotiation and communication skills of the mediator are central to the success of the process.
Independent expertise. The mediator should be an expert in the field of the matter in dispute.
The mediator must assure the parties that he is not biased and will act in an even handed manner. The mediator is not there to judge the merits of the case. The mediator help the parties to make a realistic assessment of their expectations based on their legal rights and practical realities.
A mediator should not give either party legal advice. The mediator may give an indication of what the other party is prepared to settle for and may ask a party to consider whether what that party wishes to achieve is in fact realistically achievable. A mediator should not express an opinion about the merits of an offer or coerce the parties into a settlement. A coerced agreement is no agreement.
The process should be efficiently organised and governed by a strict code of conduct and ethics.