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About Mediation

A mediator doesn't act as an advocate for any party’s case, nor as a judge who expects to impose a settlement.  He or she is a neutral third party brought in to help those involved with the dispute find a way to resolve it in a way that’s acceptable to all of them.

Mediation is an informal, confidential and voluntary approach to resolving disputes.

It’s informal in the sense that there are no pre-determined procedural rules and the mediator is able to adapt the process to meet the needs of the parties and give them the best opportunity to settle.

Everything said in a mediation session and in the discussions leading up to it is confidential.  If you agree to mediation, you'll need to make a contractual commitment to treat all such information as confidential and the mediator would be under the same obligation.  As an additional protection, the mediator mustn’t pass on anything one party tells them in a private session to another party unless they’ve been given permission to do so by the party providing the information.  Information shared in the course of a mediation is also, in legal terms, “without prejudice” which means that it can’t be used if the dispute subsequently comes to court.

Participation in a mediation is always voluntary.  The parties will agree to it initially because they each believe it’s worth making an effort to reach an agreement and need not continue if any of them (or the mediator) becomes convinced that it’s no longer serving any useful purpose.  No offer made during a mediation is binding until a full agreement is written out and signed by all parties.

Mediation has proved to be a very effective, quick and economical way to resolve disputes that might otherwise get bogged down in lengthy and expensive litigation or arbitration.