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?
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
Privacy & Confidentiality
Let’s Work Together
How Does it Work?
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.
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 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.
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.