WHAT IS MEDIATION?
Mediation is a process of negotiation where the parties come together with a neutral third party with the intention of reaching a consensual settlement of their issues in dispute.
Mediation is a process that can be used for any form of dispute. It is commonly used in family law, civil or commercial matters as an alternative to litigating through the Court system.
The mediator is a facilitator who will assist the parties to reach their own settlement. The mediator will not make decisions about ‘right’ or ‘wrong’, tell the parties what to do, or impose a decision on them. The mediator will help parties to tell their side of the story; work out the issues; find areas of agreement or common ground and assist in generating ideas that might result in an agreement. However, any comments, opinions, suggestions, statements or recommendations made by the mediator are not binding on any party.
The mediator will not offer legal advice nor provide legal counsel. Where applicable, each party is advised to retain his or her own lawyer or other adviser in order to be properly advised about his or her legal interests, rights and obligations.
For mediation to work, open and honest communications are essential and parties need to enter the process with a genuine intention to seek a mutual resolution. To assist the parties in the process all written and oral communications, negotiations and statements made in the course of the mediation will be treated as privileged settlement discussions and are absolutely confidential.