Mediation is facilitated negotiation - a process in which a neutral third party, called a mediator, helps two or more parties resolve a dispute.

The mediator does not make decisions for the parties, but instead helps them to communicate effectively and to identify and evaluate their options.

The goal of mediation is to reach a mutually agreeable settlement that meets the needs of all parties involved.

Mediation is a voluntary process in which all parties must agree to participate. 

Mediation sessions are confidential, and the mediator cannot be called to testify in any subsequent court or arbitral process about what was said in mediation.

How mediation works

Mediation typically begins with a joint session, in which all parties and the mediator meet together. 

The mediator will introduce themselves and explain the mediation process. 

The mediator will then ask each party to describe the dispute from their perspective.

Once the mediator and the parties have a better understanding of the dispute, the mediator may meet with each party separately in what is called a "caucus". 

This gives each party a chance to speak confidentially with the mediator about their concerns and interests.

The mediator will then work with the parties to identify common ground and to explore possible solutions. 

The mediator may also help the parties to understand each other’s perspectives and to communicate more effectively.

If the parties are able to reach an agreement, the mediator will assist them as they draft their written settlement agreement. 

The settlement agreement should be clear and specific, and signed by all parties.

Key features of mediation

Voluntary:
Participation in mediation is usually voluntary. Parties are not forced to engage in the process, and they can withdraw from it at any time.

Neutral Mediator:
The mediator is an impartial and unbiased facilitator who does not take sides or make decisions for the parties. Their role is to assist the parties in finding common ground and reaching a resolution.

Confidential:
Mediation proceedings are typically confidential, which means that what is discussed during the mediation session is not disclosed to outside parties, including in arbitration or a court of law (unless required by law).

Informal:
Mediation is generally less formal than a legal proceeding. It often takes place in a private setting, and the parties can speak openly and honestly.

Empowerment:
Mediation empowers the parties involved to find their own solutions. It encourages them to take an active role in resolving their dispute - including speaking directly to one another.

Mutual Agreement:
The ultimate goal of mediation is for the parties to reach a mutually acceptable agreement. The agreement is typically put in writing and signed by the parties, making it legally binding.

Cost-Effective:
Mediation is often more cost-effective than going to court, as it typically involves fewer legal fees and less time.