Mediation Services
Mediation is a facilitated dispute-resolution process in which an independent mediator helps parties discuss the issues separating them and explore whether a mutually acceptable resolution can be reached. The mediator manages the process and facilitates communication but does not normally decide who wins or loses.
Overview of the Mediation Process
- 1. Initial Inquiry and Conflict Review: The parties or their representatives provide basic information so that availability and potential conflicts can be considered.
2. Agreement to Mediate: If appropriate, the parties may enter into an agreement to mediate that sets out the general framework for the process.
3. Preparation: The parties and their representatives prepare for the mediation, which may include exchanging key information and considering settlement options.
4. Mediation Session: The mediator facilitates discussions in joint and, where appropriate, separate meetings to help clarify issues and explore potential resolutions.
5. Documentation of Outcome: If a resolution is reached, the parties or their representatives may document the outcome in an appropriate form.
A Practical and Neutral Process
Mediation offers a structured but flexible process that allows parties to explore resolution with the assistance of an independent neutral. The focus is on communication, understanding the issues and, where possible, identifying mutually acceptable outcomes.
Frequently Asked Questions
Is mediation confidential?
Mediation is often conducted on a "without prejudice" basis, meaning that settlement discussions are generally treated as confidential and are not intended to be used in subsequent proceedings, subject to any applicable legal or ethical requirements.
When Mediation May Be Appropriate
Mediation may assist parties who want to:
• Explore resolution with the assistance of an independent neutral
• Maintain or improve an ongoing relationship where possible
• Have greater input into potential outcomes than in some adjudicative processes
• Address appropriate workplace, commercial, contractual or civil disputes in a structured setting
The Mediation Process
1. Conflict Verification & Intake
2. Agreement to Mediate
3. Preparation
4. Mediation Session
5. Documentation of Outcome
A Practical and Neutral Process
The mediation process is designed to be flexible while still providing structure. The mediator facilitates communication, helps clarify issues and supports the parties' efforts to explore whether a mutually acceptable resolution can be reached.
Frequently Asked Questions
Is mediation confidential?
Mediation is often conducted on a "without prejudice" basis, meaning that settlement discussions are generally treated as confidential and are not intended to be used in subsequent proceedings, subject to any applicable legal or ethical requirements.
Does a mediator decide the dispute?
No. Unlike a judge or an arbitrator, a mediator does not normally decide who is right or wrong. The mediator facilitates the process while any decision to resolve the matter remains with the parties.
Can mediation be conducted virtually?
Yes. Mediation is frequently conducted virtually using secure online platforms, and in some cases may also be conducted in person where appropriate.
Commercial & Contractual Disputes
Business relationships, commercial contracts, services agreements and other contractual matters where parties wish to explore resolution with the assistance of an independent mediator.
Workplace Matters
Appropriate workplace and professional disputes where parties wish to address issues in a structured, facilitated setting.
Civil Disputes
Appropriate civil disputes where parties prefer a facilitated process to explore potential resolution outside the traditional court process.
The Mediation Process
- Preliminary Discussions & Conflict Check
Agreement to Mediate
Preparation
Mediation Session
Documentation of Outcome
A Practical and Neutral Process
The core of a successful mediation lies in its preparation, structure and the parties' willingness to engage in good faith. The mediator supports the process while any decision to resolve the matter remains with the parties.
Frequently Asked Questions
Is mediation confidential?
Mediation is often conducted on a "without prejudice" basis, meaning that settlement discussions are generally treated as confidential and are not intended to be used in subsequent proceedings, subject to any applicable legal or ethical requirements.
Does a mediator decide the dispute?
No. The mediator is a neutral facilitator and does not normally decide the outcome. Any decision to resolve the matter remains with the parties.
Can mediation be conducted virtually?
Yes. Mediation is frequently conducted virtually using secure online platforms, and in some cases may also be conducted in person where appropriate.