The Mediation Process
The Mediator will arrange a mutually convenient meeting between the parties as soon as is practicable after the case has been referred to him/her. A number of such meetings may be necessary. Written submissions are not required from either party in the case of mediation.
If the mediation process results in an agreement acceptable to both sides to a dispute, the Mediator will draw up a written record of the terms of the settlement for signature by the the parties involved. This document is known as a memorandum of understanding. The parties will then have an opportunity to take legal advice on this document before the signing of same.
The agreement if executed by the parties can then be ruled by a court (where appropriate) or incorporated into the terms of a legally binding agreement.
Mediation is conducted in Private
Mediation is conducted in private, and will be conducted directly between all of the parties involved. The Mediator will act as an independent facilitator to both sides. Either party may withdraw from the process at any time by notifying the Mediator in writing that they wish to do so.
What if mediation does not work?
If, during the course of mediation, the Mediator decides for any other reason that the case cannot be resolved by mediation or one party withdraws, s/he will send notice to both sides.
You can resolve many types of problem at mediation through dialogue and positive discussion in a positive environment.