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About Mediation:

Mediation is the process of attempting to negotiate the settlement of a dispute under the guidance and with the assistance of a neutral and impartial third party, namely the mediator.

It is important to note that a mediator has no power to decide the outcome of the dispute.  Rather, the outcome is completely in the hands of the parties. 

It is also important to be aware that the mediation process is confidential, and that the content of the settlement discussions and negotiations cannot be used at trial, should the matter proceed that far.

The process begins when the parties appoint a mediator either by agreement, or through the Court Rules and Regulations. 

The mediator will typically contact each of the parties, or their counsel, in order to understand the basic nature of the dispute, and will fix a date for a meeting of all parties ("the mediation session").  The mediator will also arrange for information to be exchanged by the parties in advance of the mediation date. 

Usually information takes the form of each party delivering a "Mediation Brief" containing a summary of the facts, and their views on the issues.  It may, however, involve a more formal exchange of documents or other information, including expert reports, and may, in some cases, involve the mediator meeting privately with one or more of the parties. 

At the mediation session, and indeed throughout the mediation process, there are few, if any, rules as to exactly what should be done, or how to do it.  The mediator will generally direct the process, and make suggestions as to how to move the conversation about settlement forward.

A skilled and experienced mediator is able to:

  *  foster communication between the parties;
  *  assist in identifying and exploring the differences that exist;
  *  defuse emotions that may be a barrier to effective communication;
  *  help the parties understand what interests each of them needs to consider;
  *  facilitate the process of searching for and considering possible solutions. 

Often the involvement of a mediator will enable the parties to reach a settlement that would be difficult, perhaps even impossible, for them to achieve on their own. 

At a minimum, it brings the parties together, and requires them to focus on the particulars and merits of the issues in dispute, and the possible consequences of not resolving them in a reasonably amicable way.  The simple existence of the process is often the catalyst that is needed to get a case settled.