What is Mediation?Mediation is a positive, forward-thinking way of resolving disputes using a neutral third party (the mediator) to facilitate a settlement. The process is entirely confidential, and non-binding until an agreement is signed. The mediator arranges for both parties to attend a mediation conference, usually at a neutral venue. Each party then presents its case in a joint session. The mediator may then split the parties into private sessions where each party’s position will be discussed in confidence with the mediator. The mediator continues to discuss opportunities for settlement in a mixture of joint and private sessions, as he or she sees fit. By gaining a birds-eye view of the conflict, and exploring the respective needs and priorities of the parties, the mediator is usually able to facilitate a settlement agreement that both parties are content to sign. Once the parties sign an agreement, it is normally legally binding. Following the introduction of the Civil Procedure Rules in April 1999, civil courts may make an order to stay a case pending the outcome of mediation. This may be at the request of the parties or by the court.
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