Mediation is a flexible and confidential process used to settle a dispute between two or more people, businesses or other groups. It involves appointing a mediator, who is an independent and impartial third person, to help the parties talk through the issues, negotiate, and come to a mutually agreeable solution. You can mediate before taking legal action or while legal action is ongoing.

Mediation allows you stay in control. Unlike in court, where a judge makes the decisions, in mediation you are able to decide how you want to resolve the dispute and don’t have to accept an outcome you are not happy with. Mediation can help preserve your relationships and protect vulnerable parties who are impacted by the dispute like children, elderly, community members, and learners.

Mediation is usually much quicker and less expensive than going to court. Mediation provides a safe and supportive environment. The mediator will listen to all views, talking to you privately, and sometimes together with the other party, to help guide you through the process.

Mediation is confidential private between you and the other party. A mediator can never testify in court.

No. The mediator will help you consider different options to resolve the dispute, but they don’t give advice. Their role is to facilitate a conversation between you and the other side.

However, they can assist you with communication and managing emotions, helping you to make your points calmly and clearly, and to listen to the other side without interrupting or getting angry.

The mediator helps to keep things moving forward so both sides feel progress is being made, but the mediator doesn’t decide on the outcome. Mediators are skilled at helping parties to see a way through the dispute, but do not impose solutions.

It is for you and the other side to agree on how you are going to settle the dispute.

Yes. Mediation is entirely voluntary. You only have to attend if you want to and you are free to leave at any point.

Yes. What you say during mediation and the outcome at the end can only be shared if everyone agrees to it. In mediation all conversations are ‘without prejudice’ – which means that nothing that’s been said at mediation can be used in court, should the dispute go that far.

In civil disputes, you can also decide what information is shared with the other party.

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