Mediation

 

Privacy and consent of the parties are also features of mediation but unlike litigation, arbitration or expert determination, a conclusion can be reached only if all the parties agree.  In order to achieve agreement, a neutral third party (the mediator) is often required to meet the parties and assist them to resolve their differences. The mediator will not normally render a decision

The procedure is structured but designed to enable the parties to negotiate a settlement. The mediator may meet the parties together or separately, and in the latter case learn confidential information that may or may not be imparted to the other party.  Any settlement reached will usually be reduced to a written agreement signed by the parties and  the mediator, and will be enforceable as a contract.  If a settlement cannot be achieved the dispute may have to be referred to a Court or to arbitration for a decision.

Key Benefits  

 Emphasis on settlement

Flexible procedure

 Informality combined with privacy