Print friendly version   

What is Mediation?

A non-adversarial, out-of-court alternative for resolving disputes between two or more parties in conflict. It is a process in which the parties to a dispute, with the assistance of an independent and impartial third person (the Mediator), identify the issues, develop and explore options, consider alternatives and endeavour to reach a mutually beneficial solution to their conflict.

As the costs of pursuing legal avenues to resolve disputes continue to rise, more people are turning to Mediation as a more cost effective, efficient, quicker, friendlier and less stressful alternative to litigating. With a high success rate, all parties benefit from this co-operative, voluntary approach to resolving conflict. It can preserve or restore important relationships and may avoid the need for expensive, stressful and lengthy legal action.

Mediation looks to the future. The objective for all parties is to work out a resolution they can live with and trust. The focus is on solving problems, not necessarily uncovering the truth or imposing legal rules, as in a court case where a judge or jury reviews the past to determine who was right and who was wrong. Based on their decision, either a penalty or award is imposed.

The mediator however, does not have authority to impose a decision or force an outcome, so nothing is decided unless all parties agree to it. This greatly reduces their tension and the likelihood of parties’ clinging to an extreme position. The parties are empowered to decide on their own ‘win-win’ outcome and if mediation is successful, usually enter into a written agreement, which sets out the terms of settlement.