MK Mediation is a provider of mediation services, specializing in civil, corporate, and workplace disputes. With a friendly,  professional and a structured approach, the goal is to help parties navigate their conflicts peacefully and effectively.

We are members of CMC The Civil Mediation Council and IMI International Mediation Institute

We offer both face to face and online Mediation

MK Mediation strongly believes in these 5 pillars of Mediation:

Impartiality and fairness

Impartiality and fairness are fundamental principles in mediation, ensuring the process is effective, ethical, and trusted by all parties involved. Here are the key reasons why these values are critical:

1. Building Trust and Legitimacy

• Impartiality fosters trust among the disputing parties, as it assures them that the mediator does not favor one side over the other. This trust is essential for open communication and collaboration.
• Fairness ensures that all parties feel respected and heard, which enhances the legitimacy of the mediation process and its outcomes.

2. Upholding Ethical Standards

• Impartiality is embedded in most mediation codes of conduct, requiring mediators to remain unbiased and neutral throughout the process. This adherence to ethical standards ensures a balanced and fair resolution process.
• Mediators must avoid personal biases or prejudices, as any perceived favoritism can undermine the integrity of the mediation and damage relationships rather than repairing them.

3. Empowering Parties

• Fairness in mediation allows all participants to express their views freely without fear of coercion or undue influence. This empowers them to take control of their dispute and work towards a mutually acceptable solution.
• A fair process also ensures that decisions are voluntary, informed, and based on adequate information, which is critical for sustainable agreements.

4. Addressing Power Imbalances

• Mediators strive to balance power dynamics between parties to prevent unfair advantages. While this can challenge strict neutrality, addressing power imbalances is essential to ensure fairness in the process.

5. Enhancing Satisfaction with Outcomes

• When mediators are impartial and fair, parties are more likely to perceive the process as just and equitable. This increases satisfaction with the outcomes and reduces the likelihood of future conflicts.

In summary, impartiality and fairness are indispensable in mediation as they create a trustworthy, ethical, and empowering environment that enables effective conflict resolution while respecting all parties' autonomy.

Neutrality

Neutrality is crucial in mediation for several reasons:

1. It ensures fairness and protects the integrity of the process, similar to how impartiality safeguards the judicial system.
2. Neutrality helps build trust between the mediator and the parties involved, encouraging open communication and cooperation.
3. It allows parties to determine their own resolution without undue influence from the mediator, preserving the principle of party autonomy.
4. A neutral mediator can better facilitate balanced negotiations and address power imbalances between parties.
5. Neutrality lends legitimacy to the mediation process in the public eye, aligning it with the concept of an impartial judge.

Voluntary participation

Voluntary participation in mediation is important for several reasons:

1. It enhances engagement and commitment. When parties choose to participate willingly, they are more likely to actively engage in the process and commit to finding a resolution.
2. It promotes genuine dialogue. Voluntary participation encourages parties to openly express their views, feelings, and perspectives, leading to more productive conversations.
3. It increases the likelihood of success. Mediation is more effective when parties are ready and willing to participate, rather than feeling coerced or obligated.
4. It ensures safety and fairness. Voluntary participation allows mediators to assess whether participants are able to take part freely and fully, without fear of violence or harm.
5. It maintains the integrity of the process. The voluntary nature of mediation distinguishes it from other forms of dispute resolution and preserves its unique characteristics.
6. It allows for withdrawal if needed. Participants and mediators are free to withdraw at any time, ensuring that the process remains flexible and responsive to the parties' needs.

While there is a debate about mandatory mediation in some contexts, the voluntary aspect is generally considered crucial for the effectiveness and ethical practice of mediation

Confidentiality

Confidentiality is a cornerstone of the mediation process, ensuring its effectiveness and fostering trust among participants. Here are the key reasons why confidentiality is important in mediation:

1. Facilitates Open Communication

• Confidentiality creates a safe environment where parties can freely express their needs, concerns, and interests without fear of repercussions. This openness is crucial for brainstorming solutions and resolving conflicts collaboratively.

2. Encourages Participation

• Knowing that discussions will remain private encourages parties to engage in mediation. Without this assurance, individuals may withhold critical information, reducing the chances of reaching a fair resolution.

3. Protects Legal Rights

• Confidentiality provisions shield mediators and participants from legal liabilities. For example, mediators cannot be compelled to testify about what was discussed during mediation, ensuring impartiality and protecting both parties from the misuse of disclosed information.

4. Supports Fairness

• In the absence of strict confidentiality, mediation could be exploited as a discovery tool, particularly by more sophisticated parties against less experienced ones. This could lead to unfair outcomes, undermining the purpose of mediation as an equitable dispute resolution method.

5. Preserves Trust

• Trust is essential in mediation, especially when parties have a history of conflict or distrust. Confidentiality reassures participants that their disclosures will not be used against them later, fostering cooperation and goodwill.

6. Promotes Effective Problem-Solving

• By ensuring that ideas and offers made during mediation cannot be used outside the process, confidentiality allows for creative and uncensored problem-solving. This is vital for achieving mutually beneficial outcomes.

In summary, confidentiality is fundamental to the success of mediation as it enables open dialogue, protects legal rights, ensures fairness, and builds trust among participants. Without it, the effectiveness and appeal of mediation as an alternative dispute resolution method would be significantly diminished.

Self determination

Self-determination is a cornerstone of the mediation process, distinguishing it from other forms of dispute resolution such as litigation or arbitration. Its importance lies in several key aspects:

1. Empowerment and Autonomy
   Self-determination allows parties to actively participate in decision-making, ensuring they have control over the process and outcomes. This empowerment respects their autonomy and acknowledges their capacity to resolve disputes based on their values and interests, fostering a sense of dignity and respect.
2. Voluntary and Uncoerced Decisions
   Mediation emphasizes voluntary, informed, and uncoerced choices. This principle ensures fairness and legitimacy in the process, as participants feel heard and unpressured, leading to more durable agreements.
3. Better Outcomes and Compliance
   Research suggests that agreements reached through self-determination are more likely to be adhered to compared to decisions imposed by courts or arbitrators. For example, compliance rates for mediated agreements can exceed 90%, compared to 50% for court judgments.
4. Tailored Solutions
   Parties in mediation are best positioned to understand their needs and circumstances. Self-determination enables them to craft solutions that are more suitable and sustainable than those imposed by third parties.
5. Fairness and Satisfaction
   When individuals feel they have a voice in the process, they perceive it as fairer, which enhances satisfaction with the outcomes. This perception reduces the likelihood of post-mediation disputes or litigation.

In summary, self-determination is vital in mediation because it empowers parties, promotes fairness, ensures voluntary participation, leads to better compliance with agreements, and fosters tailored solutions that align with participants' unique needs.