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How Does Mediation Work?

Mediation is a wholly voluntary process conducted confidentially in a neutral setting, whereby parties to a dispute are empowered to resolve their differences in a structured, yet informal, environment with the guidance and assistance of an impartial mediator who does not take sides.

Mediation is

Voluntary
  • It is important that all parties wish to be involved in resolving the dispute via mediation, rather than seeking more confrontational or adversarial methods such as litigation in court.

Confidential
  • Once you and the other party have agreed to try mediation, you will be asked to sign a confidentiality agreement. Nothing said betwen the parties or to the mediator can later be used as evidence in court. Nothing said between the parties or to the mediator can later be used as evidence in court. Ifthe parties choose, part of the agreement can stipulate the terms of settlement remain confidential as well.

Impartial
  • The mediation process is neutrally facilitated by two impartial third party co-mediators, which brings a completely different dynamic to the negotiations. The mediator's task is not to take sides or pass judgment, but to assist in finding a mutually acceptable solution to the dispute which may well have reached a position of stalemate.

Empowering
  • You will be empowered to resolve the differences you have with the support of the mediators. The flexible nature of the mediation process gives you the opportunity to find a solution to your dispute which you are comfortable with and one which a court may not be able to provide. You will have full control over the process and can call the mediation to a close at any time; however, with the assistance of the mediators, you will be given a real opportunity to let the other parties in the dispute know how you feel as you explore a whole range of options.

Is my case suitable for Mediation?

Apart from those cases where there is need for a precedent, issues concerning government policy, or cases which have aspects bordering on criminal responsibility, there is really no dispute which we, as a mediation service provider, will not treat as being suitable for mediation.

It is for you, and the parties involved, to decide if you wish to submit your dispute to mediation.