HOW MEDIATION WORKS

A mediator assists the parties to negotiate their own settlement. In essence, mediation is negotiation facilitated by a third party. The process is private, voluntary and informal. The process often takes no more than one day. While the mediator provides an environment in which the parties can communicate constructively to facilitate a settlement, the mediator has no power to impose a settlement on any party. In some cases, however, mediators may be asked to express a view on certain aspects of the dispute or to opine on what might be a fair or reasonable settlement, but this is done only to assist the parties in achieving a settlement. Mediations are also generally confidential and communications, negotiations or settlement discussions made in the course of the mediation remain confidential.