What is mediation?
Mediation is a guided negotiation by an impartial third party helping each of you to communicate and explore the issues which are important to you. Throughout the process you are encouraged to find ways to address your present and future needs, rather than dwell upon who may have been right or wrong in the past.
The mediation process is ‘without prejudice’ so that on the rare occasion that a settlement is not reached, litigation may continue without either of you worrying that you may have disclosed anything that the other could use in court.
The mediator does not impose a decision nor make any kind of judgment – unlike a court or arbitrator, but assists you to find your own acceptable solutions. This means that in mediation you avoid the uncertainty and dissatisfaction often experienced in court when you have little choice but to accept the judgment made – which neither of you may be happy with.
Successful mediation will significantly reduce your costs because months or years of litigation are avoided, as are the resultant fees of lawyers and experts. Parties may refer or be referred to other advisors during the mediation if they wish.