FAQ

Mediation offers parties the following benefits:

• A reduction in the time and financial costs of the traditional litigation process by resolving some or all of the dispute;
• A reduction in the stress that can result from ongoing conflict;
• A greater understanding of the dispute;
• Maintenance of business and personal relationships; and
• The creation of a mutually beneficial outcome.

Parties can participate in mediation at any time during a conflict, from commencement of the issues that arise up to and including through legal action and trial of a matter.

The role of the mediator is to assist parties in exploring and defining the issues and communicate the
parties’ interests and motivations.

Once there has been a thorough opportunity to understand all of the circumstances, parties to a lawsuit are assisted with the development of a range of creative solutions that meet the interests of the parties. Parties will then be invited to evaluate the most attractive options and ensure that solutions reached are workable and practical.

Once the parties are able to arrive at a full or partial resolution of issues, the parties themselves co-
produce their own agreement that they all support. Mediators do not take sides, make decisions or suggest solutions. The parties create and agree to this on their own solutions. No solution or agreements are imposed by the mediator.

Parties attend mediation, with or without their lawyers. Lawyers can play an important role in mediation
by:

• assisting to educate the parties,
• developing negotiation strategies,
• helping parties to speak persuasively, and
• developing a range of creative solutions.

Mediation usually takes about 3 to 6 hours, but this depends on;

•  the number of parties,
• the number of issues to discuss, and
• the complexity of the issues.

 Participants should set aside a minimum of three hours for a mediation session.

If parties agree to mediate, a mediator is selected by the parties and a mediation session is scheduled.
The parties or their lawyers contact the mediator directly to schedule a mediation.

If the parties disagree about whether or not to mediate, they may still wish to meet with a mediator to
learn more about mediation.

If the parties are able to resolve their dispute in mediation, the terms of the agreement are written down. If
the matter has already progressed to court, the legal action is over when all the terms of the agreement have been fulfilled.

The agreement may include terms that the Court could not impose. Any agreement reached is entered into freely and voluntarily by the parties.

Mediation has been successful for many people but it does not work for everyone. It is possible that the
parties may be able to resolve some, but not all, of the issues in dispute.

If the parties are unable to resolve the matter in mediation, the parties can continue with the traditional
litigation process. If parties do go to court, the trial may be shorter and easier because of the mediation.
If an agreement is not reached, the parties walk away from mediation having gained a better understanding of each other’s points of view and of the issues that need to be resolved.

Mediations are private – unlike trials, which happen in courtrooms open to the public.
Everything said in mediation is confidential, unless the law requires information to be revealed.

The mediator is impartial and neutral. The mediator does not make any decisions or determinations and
does not suggest solutions. The mediator will assist the parties and their lawyers in reaching a solution.
The mediator cannot be called into court to give evidence as to what occurred during the mediation.

The mediator controls the process, while the parties control the results.
The mediator will:

•  assist the parties in defining the issues in dispute;
• help the discussion to stay on track;
• enable the parties to identify and communicate their interest clearly; and
• assist the parties in developing a range of creative solutions.

Lawyers may attend a mediation if all parties are in agreement.

Lawyers assist with the following:

• educating their clients;
• developing negotiation strategies;
• encouraging their clients to speak persuasively to ensure that there is a thorough understanding
  of the circumstances of all parties;
• developing a range of creative solutions to meet the parties interests;
• assisting to evaluate the most attractive options; and
• ensuring that solutions reached are workable and practical.

The mediator controls the process, while the parties control the results. The mediator will assist the
parties in defining the issues in dispute. The parties determine what issues need to be addressed.

The parties do most of the talking during the mediation. After having the opportunity to thoroughly discuss
each of the issues, parties will be able to develop an understanding of their common and separate interests.

Any decisions will be made voluntarily by the parties themselves.