WHAT IS MEDIATION?

 

Mediation is….

Where two or more people involved in a dispute meet privately in a neutral environment and, with the help of an independent facilitator (“the Mediator”), engage with each other in a wholly confidential and structured process of telling each other their “story”, setting out issues, identifying interests, exploring options and facing alternatives – all with a view to agreeing together a mutually acceptable settlement of the dispute.

The Mediator is not a Judge or an Arbitrator and it is the parties themselves who seek to work out a mutually acceptable and voluntary agreement to resolve their dispute.

Mediation provides a confidential and safe environment for the parties to air their issues. The content of the mediation is confidential to the parties and the Mediator and can only be shared with a third party with the expressed permission of all parties.

The parties and the Mediator agree to the terms of the mediation process (‘the Mediation Agreement”) at the outset of the mediation. The format of the mediation may vary depending on the Mediator and the type of the dispute. Nothing is agreed in mediation until all is agreed and set out in an agreement signed by the parties (“the Settlement Agreement”), which then becomes a legally binding document.