What is Mediation?

late 14c., from Medieval Latin mediationem “a division in the middle,” and mediare “to halve; to be in the middle,”

What is it?

Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference. The dispute may either be pending in a court or potentially a dispute which may be filed in court.
Attendance at the mediation conference is voluntary by the parties, but it is increasingly being looked upon negatively if parties go to court without first attempting to resolve their dispute via mediation.

The Benefits to You

Affordability

The cost of a mediation is significantly less than the average cost in time and money for the litigation of a dispute.
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Timely Resolution

Parties can often schedule a mediation far quicker than waiting for a court date.
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Privacy & Confidentiality

There are no spectators during the mediation and what is discussed cannot be reported to a third party.

Convenience

Sessions can be scheduled in the evenings, weekends or weekdays. They can also take place over internet video.

Participation

Parties are empowered to solve their own problems in order to achieve a ‘win-win’ solution.

Amicable Resolution

In many cases, the interrelationship between the parties can be preserved, or even strengthen their relationship.

Let’s Work Together

How Does it Work?

Location

it can be held at a mutually agreeable neutral venue. It can be at the offices of the mediator or another private facility unavailable to spectators. It can be over the telephone, using an internet video-conferincing application such as Zoom.

Attendance

Present at the mediation are the parties involved, their counsel (if represented), the mediator (or co-mediator if more than one are agreed) and any others agreed in advance (such as an expert). There are no spectators or unauthorised/unagreed parties in attendance. The session is kept in the strictest confidence.

The Session

The mediation will progress through several stages:

  • Introducton. The mediator will introduce the session, go through the ground rules, fees, the mediation agreement and the timeline of the session (breaks etc).
  • Problem Determination. Each party will have the opportunity to give an account of the facts and circumstances which lead to the dispute.
  • option Generation. The parties, with the assistance of the mediator, will identify alternatives, options and areas of settlement. Negotiations will continue until settlement is reached, or the mediator declares an impasse.
  • Clarification. If a settlement is reached, the terms are agreed and written down.

The Settlement

There are no legal penalties for failing to reach a settlement. Any settlement will be written up by the parties. If legal counsel is not present, the parties may elect to have the document reviewed by counsel and signed at a later date.