What is mediation?

Mediation is a confidential process, facilitated by a neutral mediator, to help parties reach a mutually acceptable resolution. The parties control the outcome so the process respects their individual needs and interests.

The advantages of mediation are:

• Communication between the parties is managed by the mediator. In many cases it is more effective for parties not to come face-to-face during a mediation, to keep the conflict and stress levels of the parties low;

• The environment is controlled by the mediator to encourage the right conditions for respectful negotiation;

• The mediator will assist parties to identify their needs and interests and use problem-solving techniques to find common ground, solutions and agreements.

• Unlike the court process, a mediator does not impose decisions on parties where they cannot agree. If parties do not agree, the mediation will end without a resolution. This gives the parties confidence that they have complete control over the outcome of a mediation.

• Issues can be confidentially raised and ventilated. Anything that is discussed in mediation cannot be used outside the mediation, for example in future court proceedings. Some exceptions apply.