What is Mediation?
Mediation is a form of alternative dispute resolution (ADR). The role of the mediator is to help parties agree on a solution to a dispute that all parties feel is fair. A mediator will assist parties to identify their underlying interests and explore with them possible means by which areas of conflict can best be resolved.
Mediation is voluntary.
Parties must choose to participate in the mediation process. In some instances, a court may order parties to consider and/or to engage in mediation, or to provide good reasons for not choosing to participate in mediation. But parties cannot be coerced into a decision with which they disagree or which they do not understand.
Mediation is confidential.
A mediator will require parties to sign an Agreement to Mediate prior to starting mediation which explains that mediation is confidential. Mediation can only be successful if parties feel free to be open and honest in the mediation space, without fear of exposure by the mediator or the other party or parties. The only time that confidentiality may be breached is if there in an indication of serious harm or abuse which by law a mediator must report to the relevant authorities.
Mediators are neutral, third parties.
A good mediator does not take sides, but is an objective facilitator throughout the mediation process. Not only is a mediator ethically bound to be a neutral third party, he or she must also be seen to be impartial. Thus a mediator will not engage with parties in mediation on a private basis, but will always correspond with all parties simultaneously. The only time a mediator might engage separately with parties is if the mediator or the parties feel it necessary to caucus during the mediation, for which the mediator will ask permission from all parties.
In mediation, the parties have the power.
No decision or final outcome is imposed on the parties without their consent. In most cases, any agreement achieved by mediation may be ratified and made a binding order of court should this be the wish of the parties.