HomeNeutral rolesMediation
TN/ROLE/02
Edition 2027 · effective 1 January 2027
Agree · Mediation
Can we reach an agreement we both choose?
A structured negotiation led by an independent mediator. The mediator helps the parties understand interests, generate options and test proposals, but never imposes an outcome. Nothing is agreed until the parties agree it.
§ 01At a glance
Mediation, in five facts.
- Who decides
- The parties decide. The mediator never imposes.
- Outcome
- A settlement or agreement the parties sign, or a clearer map of what divides them.
- Effect
- Binding only if the parties sign an agreement
- Typical time
- One to three days of sessions, often within weeks
- Formality
- ●●○○○
§ 02When it fits
Use it when… and not when…
It fits when
A good fit
Can we reach an agreement we both choose?
- Both sides still need a relationship afterwards
- Positions have hardened but interests may still overlap
- Confidentiality matters
- Cost and time of formal process are out of proportion to the issue
It does not fit when
Choose another route
Use the least burdensome process that can do the job.
- When one side will not take part in good faith
- When there is a serious power or safety imbalance that a process cannot correct
- When a binding precedent or public ruling is genuinely needed
§ 03Where it is used
24 situations where Mediation is part of the route.
Inheritance and estate01Personal & familyMediation · FacilitationA parent has died. The family must now decide together what one person used to decide alone.Care for an ageing parent02Personal & familyFacilitation · MediationA parent needs more care. Brothers and sisters, near and far, see the same facts differently.Separation and co-parenting03Personal & familyMediation · Neutral EvaluationThe couple is ending. The parents are not. Children need a plan both can live with.Neighbour disagreement04Personal & familyMediation · Neutral EvaluationA boundary, a noise, a tree, a wall. Small things become large when you share a fence for years.Shared property05Personal & familyNeutral Evaluation · MediationSeveral people own one asset. Each has a different plan for it.Landlord and tenant06Personal & familyMediation · Neutral EvaluationRepairs, rent, deposits or a notice. Both sides want the home to work, on different terms.Team conflict07WorkplaceFacilitation · MediationA team that used to work now spends its energy on itself.Manager and employee breakdown08WorkplaceMediation · OmbudsTwo people who must work together every day no longer trust each other.Change and restructuring09WorkplaceFacilitation · Mediation · ConciliationThe organisation must change. The people it changes need a voice in how.Partner exit at a professional firm10WorkplaceMediation · Expert DeterminationA partner is leaving. Clients, colleagues and capital are all in play.Shareholder deadlock11Ownership & businessNeutral Evaluation · Mediation · Neutral ChairingThe company still needs decisions. The shareholders cannot make them together.Founder conflict12Ownership & businessMediation · FacilitationThe founders built it together. Now they want different companies.Siblings who own together13Ownership & businessNeutral Chairing · MediationBrothers and sisters inherited a company. They did not inherit a way to run it together.Joint venture under strain14Ownership & businessStanding Neutral · Mediation · Neutral EvaluationTwo partners built one venture. Their parent companies now want different things from it.Valuation and earn-out15Ownership & businessExpert Determination · Neutral Evaluation · MediationThe deal closed. The number that was supposed to settle later did not.Founder and investor tension16Boards & governanceFacilitation · Neutral Chairing · MediationThe investors want a plan. The founder wants to run the company.Supplier and customer strain17Projects & contractsMediation · Neutral Evaluation · ConciliationA long supply relationship is failing on quality, price or delivery.Insurance coverage question18Projects & contractsNeutral Evaluation · MediationA loss happened. Whether the policy responds is now the question.A development the community disputes19Community & public lifeFacilitation · Neutral Evaluation · MediationA new road, plant or building is planned. The people who live there were not part of the plan.Tension within a community20Community & public lifeFacilitation · MediationA neighbourhood, faith group or community organisation is dividing.School and campus conflict21Community & public lifeMediation · Ombuds · FacilitationStudents, parents, teachers and leaders disagree, and learning suffers.Cross-border commercial strain22Cross-borderMediation · Neutral Evaluation · Arbitration · ConciliationTwo companies, two countries, two legal systems, and one contract under pressure.International distribution strain23Cross-borderMediation · Neutral Evaluation · ConciliationA distributor and a brand built a market together. Now they disagree about its future.Technology, data and AI licensing24Cross-borderExpert Determination · Neutral Evaluation · MediationCode, data or a model was licensed. Now the parties disagree about what it may be used for.
§ 04How appointment works
From first call to signed mandate.
Describe the need
Triage & scope
Conflict disclosure
Shortlist
Mandate
Day oneAgreed
A Neutral is shortlisted only after confirming availability and submitting conflict information. Nothing is called conflict-cleared until that disclosure has been reviewed.
§ 05Services and instruments
How TheNeutralsORG™ delivers it.
Services
Mediation · Cross-border mediation (enforceable under the Singapore Convention where it applies)
Delivered by qualified Neutrals, designed to work under the draft Neutral Practice Standard™.
Model instrument
Model Neutral Clause
Draft it with the clause tool, then have it reviewed by your own lawyer.
§ 06Neighbouring roles
Often confused with…
| Mediation | Neutral Evaluation | Facilitation | |
|---|---|---|---|
| The question | Can we reach an agreement we both choose? | What does an independent professional think of this question? | How does a group move forward together? |
| Who decides | The parties decide. The mediator never imposes. | You decide. The evaluator advises. | The group decides. The facilitator owns the process. |
| Outcome | Binding only if the parties sign an agreement | Advisory | Consensual |
| Typical time | One to three days of sessions, often within weeks | Days to a few weeks | A single session to a programme over months |