Mediation is a confidential and flexible process during which a skilled third person actively assists parties in dispute to find a mutually acceptable outcome.
The parties are in ultimate control of the decision to settle and remain empowered throughout the process to devise solutions which are mutually beneficial. This is particularly important if there is the possibility and/or necessity of a continued relationship.
With the introduction of Rule 41A to the High Court rules, parties to High Court litigation are now obliged to consider mediating their dispute before the matter may continue.
Mediation can take place at any time – before the commencement of any court proceedings, or once proceedings have been instituted. Almost anything can be mediated if the parties are willing to collaborate to find a solution.
Mediation can be used for:
- workplace or employment disputes; partnership agreements or disputes
- neighbourhood issues; director disputes
- disputes arising from deceased estates
- consumer disputes
- contractual and commercial disputes
- divorces and parenting plans