What is “mediation”?
Prior to commencing court proceedings, a dispute should be mediated if at all possible, in order to save significant expense and worry. Even if you do commence legal proceedings, a Court will require you to attempt to resolve the dispute at mediation before proceeding to a final hearing.
For mediation, a professional mediator is appointed by the parties to assist them in reaching a mutually beneficial outcome. Usually, the parties and their lawyers will meet and have the opportunity to express their sides of the dispute. Sometimes, they will then enter separate rooms and use the mediator’s assistance to negotiate with each other until a resolution is reached. The mediator will not make a decision about what the outcome should be. Their role is an impartial one, intended to assist the parties in their negotiations. In our experience, mediation can be a highly useful, efficient and cost effective way of resolving a dispute. Our clients are often very satisfied with the results that can be achieved, as the process allows the parties to make their own decisions about the outcome, rather than relying on the decision of a judge or arbitrator.