Mediation

What is Mediation?

  • Mediation is a process whereby an independent, neutral person (the mediator) helps disputing parties to find a mutually acceptable solution to their dispute.
  • Parties can help their case by ensuring that, 7 days before the hearing, each provides a concise brief explaining their case and their position regarding settlement.
  • The mediator does not operate like a judge and does not impose solutions on the parties.
  • The mediator will discuss the issues with the parties and help them bring about a solution to their dispute in a constructive and sometimes creative fashion.
  • The process is informal, confidential and private and the mediator will not disclose confidential information unless authorised to do so.
  • The venue will provide several rooms so that the parties can meet privately as well as jointly
  • The parties bear the burden of acting in good faith and making a genuine attempt to reach a fair resolution.
  • Where corporate defendants are involved, decision makers must be present.
  • Agreements reached in mediation can be enforced through the courts, if necessary.

Why is mediation more useful or effective than litigation?

  • Mediators have more flexibility than judges to achieve creative dispute solutions.
  • Mediation is quicker and less expensive than litigation.
  • Mediation gives the parties a stronger voice in resolving their dispute.
  • Mediation is private and can save or heal relationships that litigation destroys.

Who are our Mediators?

Our mediators are top ranked former judges and experienced lawyers with special mediation training and skills. The parties can select their mediator or have us help with the selection process.

What types of disputes can be mediated?

Any type of dispute can be mediated.

Before the Mediation

  • 7 days before the hearing each party should provide a concise statement, 2-4 pages in length, outlining their case and position regarding settlement.
  • The mediator may consult with the parties separately in advance of the mediation. Such consultations are encouraged as a means of expediting the hearing process.

At the Mediation

  • Arrive 15 minutes early and get comfortable in your room.
  • The venue will provide several rooms so that the parties can meet privately as well as jointly.
  • The mediator may chair a joint opening session where each party can explain their position though such meeting is not mandatory.
  • At most mediations, the mediator will shuttle between the parties exchanging information and helping them negotiate a resolution.
  • The mediator will not disclose confidential information unless authorised to do so.
  • To be successful, the parties bear the burden of acting in good faith and making a genuine attempt to reach a fair solution. Where corporate defendants are involved, decision makers must be present save for exceptional circumstances.
  • If a resolution is achieved – and the vast majority of disputes are resolved – then a written settlement agreement will be drafted by the parties. A settlement agreement can be enforced through the courts.
  • If a dispute does not completely resolve at mediation, your mediator will remain committed to the resolution of your dispute.