What is Mediation?

Mediation is a voluntary and confidential method used to resolve disputes without the need to go to court. It is a voluntary process and requires the consent of both parties.

With the assistance of a mediator (a neutral third party) the parties communicate and negotiate with each other to reach a mutually acceptable agreement.

Not only can this process save you time and money; it also offers the added value benefit of ensuring you maintain some control, something that going to court does not offer. Through active participation and ongoing dialogue, both parties are encouraged to work to reach a solution that caters for their individual needs.

It is important to note that the mediator does not make any decisions or impose solutions upon either party. Their role is to facilitate consideration of the issues with the aim of ensuring that a productive discussion takes place with the hope of achieving an effective outcome that works for both parties.

If it is possible to reach a mutually acceptable agreement, then the terms are evidenced in a document. However, it is important to note that the terms will not be binding until they are formalised via a Consent Order which is produced by the court.

In the unfortunate event that an agreement cannot be reached then both parties retain their right to pursue other legal avenues, with the knowledge that any confidential disclosure made during mediation cannot be referred to.

Mediation is often employed in civil cases, family law matters, employment disputes, and various other areas where parties seek an alternative to litigation.

Mediation generally saves time and keeps costs down, but most importantly of all, it can keep the matter out of the court room!

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