Mediation is a highly effective alternative to court proceedings and litigation. Following changes to the legal system, judges now actively encourage alternative means of trying to resolve differences rather than resorting to the court process.
It involves a neutral third party, known as a mediator, facilitating the process of the parties working to resolve their differences and assisting those involved in a dispute reach an agreement. The mediator does not take sides and does not decide the outcome. A trained mediator does support and assist parties negotiate and come to a resolution through a series of meetings. The process is flexible and the meetings may be held jointly with all parties present, separately and in private or a combination of both.
The process is voluntary and also confidential. Whilst most mediations are successful in resolving the dispute, confidentiality means that anything discussed during a mediation cannot be used in court. The process is therefore “without prejudice”.
The costs of mediation are shared equally between the parties and will most likely be significantly less than were the case to go to court.