HOW DOES IT WORK?
| Role of the Parties | Role of the Mediator |
| Agree in writing to mediate | Independent and impartial and acts only as facilitator between the parties Makes no findings or determinations Gives no advice Expresses no opinion |
| Agree to appoint Kriel Bemiddeling -Mediation (KBM) to mediate | Only controls the process by the use of joint and separate meetings with the parties |
| Conclude a written Mediation Agreement (supplied by KBM) with designated Mediator as co-signatory | Maintains strict confidentiality over disclosures made to him/her, and emphasises to the parties that the process is conducted without prejudice of rights |
| Control the nature and scope of communications and disclosures exchanged between them | Facilitates dialogue between the parties in the search for potential solutions and alternative options |
| Control the nature and scope of any settlement agreement between them | Facilitates negotiations between the parties regarding potential solutions |
| Therefore control the success or failure of the process | Concludes the process by certifying success (settlement) or failure |