What is Mediation?


Mediation is a form of alternative dispute resolution (ADR) that is widely used in both personal and commercial disputes to try to find a satisfactory solution without the disputing parties having to go to court, with all the delay, expense and uncertainty that that can entail. In mediation, an independent mediator, usually an experienced lawyer, is appointed to help the parties resolve the matter. Mediators will review documents and arguments from the parties and/or their legal representatives. They will apply their knowledge of the relevant law to the unique circumstances of the matter at hand and make a recommendation for how the matter should be settled. Both parties must be agree to the mediation for it to take place. Mediation is not legally binding and parties can decide to proceed to court if they are unhappy with the outcome. Mediation decisions can be made legally binding, if both parties agree, through a court order. Mediation is commenced ‘without prejudice’, which means the judge is not informed of the content of discussions.


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