Effective Conflict Mediation | Achieve Amicable Settlements | Resolve Disputes Quickly
Transforming the way people resolve disputes
Confidential Mediation for Effective, Efficient Outcomes
What is Facilitative Mediation?
Mediation is often referred to as assisted negotiation, but it encompasses much more. In facilitative mediation, an independent third party, the mediator, creates a safe and confidential environment for the parties to engage in open dialogue without prejudice.
The mediator uses specialised skills to guide the conversation without imposing solutions, while still assisting the parties to explore and generate their own options and solutions for resolving the dispute. These options are often more creative and tailored to the parties’ needs than those typically available through litigation.
By empowering the parties through facilitative mediation, it is more likely that the parties reach a mutually satisfactory agreement.
Experienced Mediators for Your Specific Needs
At MIMM, we have assembled a diverse team of highly skilled professionals with decades of experience in various specialties. Our mediators are equipped to handle a wide range of disputes, ensuring that you can find the perfect match for your specific requirements.
We understand that every dispute is unique, which is why we take a personalised approach to mediation. Our mediators will work closely with both parties to understand the parties needs, interest and concerns.
We insist on a free pre-mediation process that our mediators will take you through to give you more detail on the process, benefits and arrange for an agreement to mediate to be signed by all parties involved.
If you’re looking for a reliable and experienced facilitative mediation service in South Africa, look no further than our team of professionals. Contact a mediator today to learn more about how we can help you resolve your dispute. You can browse the various profiles of mediators relevant to the listed disputes under mediation services. Should there not be a service listed below that meets the needs of your dispute please feel free to contact MIMM directly and will work to assist you further.
Frequently asked mediation questions:
The most important differences between mediation on the one hand and litigation and arbitration on the other hand are:
- Litigation and arbitration are expensive, time consuming and traumatic. Mediation is a far cheaper, quicker and much less traumatic.
- In mediation the parties resolve their dispute themselves, assisted by the mediator. In litigation and arbitration the dispute is taken out of the hands of the parties and decided by a judge or arbitrator.
- Mediation focuses on the underlying concerns and interests of parties, exploring ways in how they can be satisfied. In litigation and arbitration the focus is on the legal rights of the parties and not on their true interests and concerns, which are rarely taken into account.
- In mediation creative thinking is encouraged, invariably optimising value for both parties with win/win outcomes. In litigation complex and time consuming processes result in win/lose outcomes, regardless of whether or not the legal outcome is what the parties really want.
The mediator will make all the necessary arrangements for the mediation after the appointment at a preliminary meeting.
At the mediation the mediator explains the essential features of mediation to the parties during a joint session. Then the mediator gives everyone the opportunity to explain the events leading up to the dispute.
After each party’s opening statements, the mediator has private sessions with each party during which there is an exploration of interests and concerns and how these may be satisfied. All private sessions are private and confidential, and the mediator may not disclose anything said to the mediator at a private session to the other party, unless expressly authorised to do so.
The entire mediation process is also off the record and confidential. This means that absent an agreement to the contrary, nobody is at liberty to disclose or to make use of any confidential information that would not have been disclosed but for the mediation.
Legal practitioners can attend mediation in support of their clients and sometimes this is desirable. In mediation however it is the clients that take centre stage while the mediator explores their interests and concerns. It is accordingly not compulsory for lawyers to be present during mediation.
Register as a MIMM Member
Register now to become a MIMM Member! Please have your University of Cape Town (UCT) issued certificate ready for registration. If you’ve misplaced your UCT certificate, you may submit your ID document instead for verification of your training and assistance for a re-issue.
If you’ve already registered, you can update your profile, manage your bookings and access various resources by logging in below.
Want to Become a Mediator?
If you are interested in becoming a mediator, follow the link below for more information on the mediation course offered through the Faculty of Law at the University of Cape Town and Mediation in Motion Mediators (PTY) Ltd. The course can be attended either in-person or online.