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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