Mediation

Mediation is the process where an independent third party, the mediator, creates a safe environment for the parties to talk to each other confidentially and without prejudice. Black Jury Law mediators make use of specialised skills to assist the parties to generate options for the resolution of their dispute and strive to eliminate any prospects or chance of litigation.

The appointment of the mediator to assist the parties is discussed during the preliminary meeting and shortly afterwards we make all the necessary arrangements for the mediation process to commence and run seamless.

At the mediation we thoroughly explain the essential features of mediation to the parties during a joint session. Then we give everyone the opportunity to explain the events leading up to the dispute.

After their opening statements the mediator conducts private sessions with the parties during which he explores their interests and concerns and how these may be satisfied. All subsequent sessions are private and confidential and the mediator never discloses anything said to the other party, unless prior agreed to with the party concerned.

The entire mediation process is 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.

Lawyers 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 obligatory for legal representatives to be present during mediation.