What is Mediation?
Mediation involves the coming together of the parties to a dispute with a mediator.
A mediator is a person who is trained and skilled in assisting the parties to identify the
real issues and reasonable and practical solutions to the problem.
The parties are generally in attendance in person and mediations work most effectively
on this basis. However, many mediations are carried out by telephone and provided that
the parties are committed to trying to resolve the dispute, telephone mediations can be
very effective particularly where each of the parties is represented by a lawyer. If each
party is prepared to negotiate in good faith and work towards a mutually satisfying
compromise, the mediation is more likely to succeed.
Mediation may assist in disputes between the following:
- family members
- business partners
- employees or employer and employee
- trading partners
- members of volunteer associations
- retirement village issues
- issues that arise in smaller communities
- issues that arise between organisations, countries, states, or between departments
- tenant and landlord
- between companies
Mediation is an informal process aimed at enabling the
parties to a dispute to discuss their differences in privacy
with a third party (Mediator). The mediator will assist you
to work out the real issues in the dispute and to make an
objective assessment of the best way to resolve the issues.
Agreements reached in mediation are binding on the
parties to the dispute in the same way that any
Agreement or Contract is legally binding. However,
the discussions and negotiations that take place during
the mediation are confidential and cannot be relied on
at a later stage if the parties do not reach agreement.
Mediation is an excellent forum for resolving disputes
between parties who must continue in some form of
longer term relationship because it allows the parties to
formulate their own resolution to the problem.
Additionally, because there is no winner and no loser, it
may also bring the dispute to an end whereas a dispute
decided by a Court produces a winner and a loser. The
dispute may continue because the loser cannot accept
his or her loss.