Mediation is a structured process where the people involved in a dispute come together with the help of a neutral person called a ‘mediator’ (often an experienced barrister or solicitor in private mediations or a registrar of the Court for a court-annexed mediation) to try to resolve the dispute. The mediator helps the parties talk about the problem to find areas of agreement and common ground, to understand the other person’s needs and perspective and to find and discuss possible solutions to the dispute. A mediator cannot make a decision to resolve the problem, cannot take sides and cannot give any legal advice.
Mediation is confidential, which means that what is said during mediation usually cannot be used outside the mediation, including at the hearing.
Mediation is attended by each of the parties to the dispute, their solicitor and barrister and takes half a day to a full day. It is often a compulsory part of Court proceedings before a matter will be set down for a hearing before a Judge. Many matters successfully settle at mediation, which avoids the further time, costs and the emotional toll that prolonged Court proceedings can take on the parties involved.
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Disclaimer: This post contains information of a general nature only and is not intended to be used as advice in relation to a specific matter. Although every care has been taken in preparing the document, it may not be accurate or complete, particularly in the context of specific circumstances. MJM Lawyers disclaims responsibility for any errors or omissions.