Mediation

Mediation works because the parties are in control of their issues and the outcome. It takes seriously the issues and allows those involved to express to each other their concerns. The exploration of issues may go beyond those a court could consider.

The role of a mediator is to:

• facilitate discussion between the parties
• clarify underlying feelings to help parties understand each other
• support parties to generate ideas and agreements for the future
• remain impartial and non-judgmental
• ensure that both parties get the opportunity to speak and listen

Reasons for choosing mediation:

• Mediation is flexible
• It is confidential and private
• It is cost effective in comparison to the court process which can be expensive
• Mediation is voluntary the parties enter the process of their own free will and such are free to withdraw from the process at any time
• Mediation can take place at any stage up to trial
• Mediation is without prejudice, meaning communications during the mediation process cannot be relied on in any subsequent court proceedings