Mediation is a process in which an impartial person, the mediator, helps the parties to a dispute try to reach an agreement. The mediator does not decide who is right; the parties remain in control of the outcome.
How mediation works
The parties and the mediator meet, usually with their lawyers, and each side explains its position. The mediator then helps them to identify the issues, test the options and, if possible, settle on terms that are written down and signed.
Why people choose it
- It is usually quicker than court proceedings
- It is generally less expensive
- The discussions are private
- It can preserve a business or family relationship
- The parties decide the outcome rather than a third party
When it may not be suitable
Mediation depends on both sides being willing to take part in good faith. It may not be appropriate where urgent orders from a court are needed, where there is a serious imbalance of power between the parties, or where a point of law needs to be decided.
Preparing for mediation
Be clear about what matters most to you and what you could accept. Bring the key documents and take advice beforehand, so that you understand the legal position and what an agreement would mean in practice.
This article is general information and is not legal advice. If you would like to discuss your situation, please contact us.
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