Mediation is a form of alternate dispute resolution and a way to resolve disputes outside of the court system. Mediation is a party-centered approach to dispute resolution which focuses on the needs, rights and interests of the parties. A neutral third party (mediator) facilitates the communication between parties and assists parties to negotiate a settlement.
Parties may mediate on a variety of issues, such as civil, commercial or family matters. The advantages of mediation include the following:
- Parties have control over the outcome as they are the ones who will decide whether to settle the dispute and the details of the settlement.
- All discussions between parties during a mediation session is private and confidential.
- Discussions during a mediation session are also on a “without prejudice” basis. This means that whatever is said by each party cannot be used against either party as evidence in court.
- The mediation process is flexible and more informal.
- Settling the dispute through mediation is generally less costly as parties are able to avoid the lengthy and expensive court processes should the matter proceed to trial.
If you require any assistance relating to this area of law, feel free to contact us.