MEDIATION
Mediation is an alternative dispute resolution mechanism. Unlike litigation where a judge or a magistrate listen to the parties and make a decision, mediation gives the parties an opportunity to work jointly to attain their desired resolution to the dispute at hand. The process is therefore party-centered negotiation. Mediation is voluntary and parties are in control of the process. Its quicker and cheaper compared to other mechanisms of dispute resolution. The decision arrived at is binding because parties jointly consent and own the decision. Although the mediation process itself is structured and formalized, with clearly identifiable stages, there are no strict procedure rules hence it’s a flexible process. It’s a confidential process and at the end of the process disputants’ relationships are maintained unlike litigation where the loser may perceive the winner as an enemy and vice versa. A party can withdraw from mediation without consequences unlike litigation and arbitration where a party may be penalized to pay costs. Unlike litigation and arbitration, in mediation, the mediator works together with parties to facilitate the dispute resolution process and does not adjudicate a dispute by imposing a decision upon the parties. The mediator encourages communication and sometimes engages in evaluation all aimed at assisting the parties towards arriving at an amicable settlement. The mediator must therefore possess good negotiation and communication skills which helps him/her to facilitate productive engagement between the parties. Gladys Mwangi is a Certified Professional Mediator who’s is highly skilled in resolution of disputes through mediation. She specializes in resolution of Commercial and Family disputes.
