Mediation

Mediation is a process by which a neutral, independent third party – the “mediator” – assists parties to a dispute to reach an outcome in an informal and flexible environment. While courts encourage mediation (and in many instances refer matters to mediation), it is a process completely separate from the courts. The mediator is not a judge and does not impose any views or a solution; the parties control the outcome. The mediator will promote and assist resolution.

Mediation can be invoked in any type of dispute, including where the dispute does not concern legal rights. It is usually conducted through a series of both private and joint meetings with and among the parties at the same venue, and commences with a joint meeting of everyone involved. It is chaired by a mediator. Anyone who is inclined to speak at this preliminary conference, has an opportunity to do so. Parties often attend with their lawyers, or a support person. A confidentiality agreement is signed, so that the events of the mediation are kept confidential.

Mediations are usually completed within a day. Some, however, are longer in duration. Others finish within hours.