What is Mediation?
Mediation is a really effective way of resolving disputes without going to court.
The courts expect parties to try it – even if it is unsuccessful – and may punish parties who refuse to try it.
The parties to the dispute attend a meeting at an agreed time and place. The meeting is supervised by a mediator who is trained to help them to find a way of resolving the dispute.
The mediator is completely independent and neutral. The mediator will help the parties to arrive at an outcome that they are all happy to accept. That outcome can be as flexible and imaginative as the parties want. It is a far cry from the black and white world of the courtroom.
A mediator is not a judge or a legal advisor. There is no need to ask the mediator to take sides or decide on the rights and wrongs of the dispute: that is not what it is all about.
Mediation will only take place because all the parties agree to it. It can end at any time. If the parties cannot reach agreement they can still go to court.
It is an entirely confidential process. Nothing that you tell the mediator can be passed on without your permission. Nothing discussed at the mediation can be disclosed to anyone outside the mediation – not even the court.
Both parties share the cost of mediation. How much it costs will depend on the value and complexity of the dispute.