Mediation - What is it?

It can be described as a voluntary negotiation with the assistance of a trained and impartial facilitator (Mediator) between the two or more parties involved in a dispute.

The objective of a mediation is to agree a settlement between the parties which they can all live with. That is not to say that they will all be overjoyed at the outcome but that everyone sees it as an acceptable compromise given the differing views of the parties which have precipitated the dispute.

Mediation is a private and confidential process to which even a Court does not have access. That is to say, if for some reason the mediation fails, any discussions, proposals or offers made inside the mediation cannot be repeated inside a Court. Also, the terms of any agreement reached in a mediation cannot be disclosed outside the mediation unless the parties agree otherwise and the Mediator cannot be called to give evidence in Court.

It is intended to bring about a legally binding agreement between the parties although the mediation is carried out in an informal and friendly manner.

Many mediations are conducted with the parties present in the same room to begin with, subsequently transferring to separate rooms for privacy and confidentiality to be maintained. However, for smaller value disputes or where the parties, for any reason, do not wish to be together telephone mediations can be conducted. 


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