What is Mediation?

Mediation is a voluntary process which utilises the expertise of an impartial mediator to facilitatate the resolution of disputes in order that parties may reach a mutually satisfying legally enforceable agreement

Mediation places the power of decision making back into the hands of the parties as opposed to a third party, like a Judge. It can take place at any time, whether or not litigation has begun.

Mediation is an increasingly popular method of conflict resolution because it is often quicker, cheaper and more satisfying than litigation. Mediation recognises the concerns of all parties and concludes with a legally enforceable agreement that the parties, not the mediators decide

• Mediation is a non-adversarial approach to conflict resolution.
• The aim of mediation is to bring parties together on neutral ground to achieve a settlement or agreement which binds the parties.
• It is a voluntary process and any party can terminate the mediation at any stage.
• A mediator is a neutral facilitator, agreed jointly by both parties, who attempts to help the parties seek a solution.
• Unlike arbitration, where the facilitator listens to the arguments of both sides and makes a decision, the role of the mediator is to help facilitate communication. They assist both parties to focus on the issues and attempt to generate solutions which satisfy the parties needs in an effort to resolve the conflict.
• The Woolf report (1996) describes mediation in the following terms:

"Mediation does not result in a determinative adjudication, but is perhaps best described as a form of facilitated negotiation where a neutral third party guides the parties to their own solution. Mediation can be used in a wide range of disputes, and in many cases produces an outcome which would not have been possible through the strict application of the law" (ch 18, para 11).