Consultation Paper on Alternative Dispute Resolution - Law Reform ...

are satisfied with the agreement, and have all parties sign the agreement. 32
This final session is known as the closing joint session. 33
2.38 The parties are not bound by any positions taken during a mediation
until a final agreement is reached and signed, at which point it becomes an
enforceable contract. Mediation aims to achieve a ‗win-win‘ result for the parties
to a dispute. Some of the proclaimed advantages of mediation include: speed,
privacy, cost, flexibility, informality, party-control, and preservation of
relationships.
2.39 Several varieties of mediation have been developed. Shuttle
mediation is a form of mediation where the mediator goes between the parties
and assists them in reaching an agreement without meeting "face to face". 34
Transformative mediation does not seek resolution of the immediate problem,
but rather, seeks the empowerment and mutual recognition of the parties
involved. 35 Therapeutic mediation is an assessment and treatment approach
that assists families in dealing with emotional issues in high conflict separation
and divorce. The focus is on the parties themselves as opposed to the
32 See Stitt Mediation: A Practical Guide (Cavendish, 2004); and Boulle Mediation:
principles, process, practice (Butterworths, 2001).
33 Diagram below taken from the ACC Europe Annual Conference: The Growing
Role of In-house Counsel: Lawyers as Business Partners, June 2007 Munich
Germany.
34 See Liebmann Community and Neighbourhood Mediation (Cavendish Publishing
Ltd. 1998) at 59.
35 See Bush & Folger The Promise of Mediation: Responding to Conflict Through
Empowerment and Recognition (Jossey-Bass 1994).
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