Mediation is a private process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement.

The mediator will not decide the outcome of the case. The mediator’s skill is to help both parties resolve their issues. Mediation allows each side to air their dispute, accept their strengths and weaknesses, and truly understand the risks inherent in not reaching a settlement through mediation. The process then focuses on working with both parties to create several potential solutions that will be satisfactory to all sides. Once understanding and acceptance are reached, then mediation moves forward to finalise a chosen solution setting out the details of agreed actions and outcomes.

When is mediation most effective?

  • You have tried to resolve the problem and doubt you have the ability to work things out on your own
  • One or both parties feel uncomfortable confronting the other without someone impartial present
  • You realise that you cannot avoid the conflict situation ie it becomes part of and impacts your work, or life
  • Its important and necessary for both parties to maintain a relationship
  • Tensions, anxiety, anger and stress are affecting communication
  • As a result of the conflict, actions by parties are impacting others
  • One or both parties wish to avoid formal proceedings
  • When you think that both will parties enter into mediation voluntarily and agree to sign a confidentiality agreement
  • You are both confident you can resolve your issue with a mediator rather than relying on a third party such as a judge to enforce a decision.

What are the advantages of mediation?

  • There is a true commitment by both parties to improve the situation by selecting mediation
  • Involves collaborative problem-solving and does not focus on blame; allows for apologies and forgiveness if required
  • Can be actioned immediately, with the first mediation session taking place typically within 2 weeks after agreeing to mediation, quicker than more formal alternatives
  • Can resolve seemingly unresolvable disputes, even long-standing and entrenched issues.
  • Allows both parties to resolve their conflict and move on
  • Can reduce stress caused by a difficult relationship
  • A positive outcome for both as it is mutually agreed and more likely to work