What is mediation?

Nov 8, 2022 | Publication | 0 comments

Mediation is a process where an independent person (called the mediator) assists parties to a dispute to reach an agreed resolution.

The parties agree who will be the mediator.  The exception to this is where there is a court-annexed mediation, where the Court appoints a mediator.

Mediation is an alternative to a Judge making a decision following a contested hearing.

Mediation gives the parties control over the outcome of the resolution.  A Judge made decision obviously involves less control.

If a mediation is successful, the dispute can be brought to an end which avoids the need for further costs and time being incurred.

A mediator helps the parties focus on the real issues and explore options to resolve.

A mediator cannot impose a resolution.

A mediator is not there to provide legal advice.  

Mediation is private and confidential.  What is said or produced in a mediation cannot be used in a later hearing, except in some circumstances.

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