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Frequently Asked Questions about Mediation

Q. What is mediation?

A. Mediation is a voluntary, cooperative settlement process of dispute resolution in which a neutral professional helps you make practical, informed decisions to resolve your differences. The decisions you reach are guided by the law, and limited only by your creativity and imagination.

Q. Is mediation for everyone?

A. No. The only requirement for a successful mediation is an honest desire to discuss the issues. However, some people are so filled with anger and resentment that it makes mediation impossible.

Q. Why mediate?

A. Mediation gives parties an opportunity to discuss their dispute, generate ideas for resolving it, and decide together what the solution will be. Unlike arbitration or litigation, a solution is never imposed. Mediation is a proven way to de-escalate conflict, aid in communication and understanding the other point of view and offers the advantage of privacy and informality, with reduced time and expense.

Q. What does the mediator do?

A. The mediator assists in identifying the issues and details of the disagreement. Ground rules are set for the mediation process to suit the circumstances and a structure provided to enable successful communication. The mediator treats each of the parties equally and ensures that one party does not dominate. The mediator will try to bring the parties together and help each party to understand the other’s position and point of view. The parties are encouraged to work towards a common goal and resolve the dispute.

Q. How long does mediation take?

A. Mediation may involve one meeting or multiple meetings, depending on the nature of the problem and the willingness of the participants to find a mutually agreed resolution.

Q. What is the advantage over going to court?

A. Court cases are expensive and take time, sometimes even years. Cases are decided on a set of narrowly defined points and the process breeds a winners and losers situation. In contrast mediation is relatively inexpensive and can produce faster resolutions to disputes. Mediation is voluntary and gives all parties a chance to air their views and problems. Mediation can generate a positive outcome for all parties since the final resolution is mutually agreed.

Q. What happens if mediation is not successful?

A. If mediation is not successful, the parties involved can take whatever course of action they wish. As mediation sessions are confidential, any information which arose, unless otherwise discoverable, may not be used in any judicial or administrative proceeding without mutual consent.