We Know Mediation
Our staff have facilitated resolution of a wide variety of disputes and are
aware of the parties’ commercial & financial interests, their personal relationships and
ultimately their legal rights & duties.
It is possible to resolve disputes by mediation in a way that preserves business
interests and ongoing commercial relationships. This is in stark contrast to
disputes that are ultimately resolved in court.
Mediation Mechanics is a Professional ADR Consultancy Service available
in Botswana. By leveraging the success rate of ADR Services rendered in past disputes,
we now offer our services directly to the public.
Mediation, as used in law, is a form of alternative dispute resolution,
a way of resolving disputes between two or more parties with concrete effects.
Typically, a third party, the mediator, assists the parties to negotiate a
settlement. Disputants may mediate disputes in a variety of domains,
such as commercial, legal, diplomatic, workplace, community and family matters.
Different approaches to mediation.
Settlement Mediation - also known as compromise mediation. The process involves incremental bargaining towards a compromise, at a “central point” between the party’s original demands. the mediator’s main role is to determine the party’s bottom line and through relatively persuasive interventions move the parties in stages off their positions to a point of compromise.
Facilitative mediation - is characterised as interest based/ problem solving.
The process involves avoiding entrenched party positions by negotiating in terms of party's underlying needs and interests of strict legal entitlements.
The mediator's main role is to maintain a constructive dialogue between the parties, enhancing negotiating efforts to encourage a settlement.
Transformative Mediation - deals with underlying causes of the party's problems, with a view to improving the relationship through recognition and empowerment as a basis for the resolution of the dispute. The mediator needs to be an expert in counselling, psychology or social work as it requires the use of professional therapeutic techniques before and during the mediation process.
Evaluative Mediation - also known as advisory or managerial mediation. The process involves settlement according to legal rights and entitlements of the parties and within the anticipated range of the courts. The mediators main role is to provide information, to advise and to persuade the parties to reach a settlement within the mediation framework.
What are the Key Principles of
• It’s Confidential
• It’s Empowering
• It’s Voluntary
• It allows recognition and understanding
• It is an impartial process
• It is without prejudice
• It facilitates an unique solution
• Mediation takes place where no conflict of interest exists
The 7 Benefits Of Mediation.
1. Restores, repairs and strengthens relationships
2. Much quicker process than litigation
3. Parties strive to personally find common ground and develop mutually agreeable solutions
4. Offers the opportunity to create innovative solutions to disputes that further the unique interests of the parties
5. Facilitates early settlements
6. Helps relieve court congestion
7. Records an agreement between the parties themselves instead of a judge or an arbitrator
Our mission is to provide the highest quality alternative dispute resolution (ADR) services to our clients. We are committed to achieving the best possible resolution to their disputes.
We accomplish our mission by providing and nurturing a professional environment that attracts respected associates. We ensure uncompromising neutrality and the highest standards by working together to deliver unparalleled resolution services
Mediation Mechanic's vision is to lead the alternative dispute resolution (ADR) industry in Botswana and other parts of Africa, by setting a standard
of excellence which is internationally aligned.
Everything we do and say will reflect the highest ethical and professional standards. We are dedicated to honesty, neutrality, integrity, accountability and respect in all our interactions.
We aim to achieve the highest standards through teamwork