What is Mediation?

Mediation is sometimes described as a process of negotiation between those involved in a dispute facilitated by a neutral and impartial person whose role is to assist the parties to identify the means to resolve their dispute and thereby to come to a suitable settlement.

The aim of mediation is to enable the parties to resolve their dispute on terms which each is prepared to agree.  The role of the mediator is to assist that process, not to adjudicate or to act as judge or arbitrator.  The outcome of a successful mediation is therefore not a decision in favour of one party or another: it is a resolution on terms to which the parties have each agreed. 

It is a voluntary process.  Whilst in civil and commercial cases the courts may well encourage the parties to consider mediation or another form of alternative dispute resolution, mediation takes place because the parties agree that it should and are prepared to use the process to find a way to achieve a suitable outcome.

It is a confidential process in which the parties can explore settlement on a without prejudice basis and entertain solutions which may be beyond those that would be available from the court in same dispute. The parties therefore face comparatively little risk if they agree to mediation.  Although a high proportion of mediations are successful, the parties lose very little if they attempt mediation and no settlement is achieved.

It is typically a comparatively quick process.  Most civil and commercial mediations are completed within a day.  In more complex cases involving multiple parties some more time might be needed.

Because it is comparatively quick, it can also be extremely cost-effective, particularly when compared with the costs of a contested trial.

Speed and cost-effectiveness aside, for many participants the most important advantage of mediation – and the most important reason to agree to attempt it – is that with the assistance and support of the mediator, the parties themselves control the process and the terms of any settlement.  If a settlement is achieved, it is because the parties accept it, not because it is imposed upon them.