Mediation is a private, informal and flexible, but carefully structured process whereby the mediator ensures that discussions are conducted in a respectful and productive fashion.
A mediator is a neutral third person who facilitates meaningful discussion between the parties regarding their actual interests. A mediator encourages those in the dispute to divulge all of the relevant issues that are important to them, so that each party may appreciate all of the factors at play. The mediator does not offer advice nor make any decisions. The parties themselves are taken through a process whereby they explore the real problems, large or small. The mediator facilitates the parties themselves to create options and agree upon outcomes that meet their needs and addresses their mutual and individual concerns.
The mediation process does not rely on any underlying contract between the parties, but instead offers the opportunity for each party to explore what they actually need or desire, with the opportunity for the other party to assist a feasible outcome. Parties to mediation are permitted to seek independent advice during a break in the mediation, and may have a legal adviser present as an observer if they wish.
Mediation is all about seeking win-win outcomes, at minimum cost, in minimum time, and with low resource consumption. Participants in a mediation process are more likely to be satisfied with a mediation process than with any more formal hearing-style process.
Parties entering mediation are required to sign an Agreement to Mediate. That Agreement requires:
The mediator facilitates the outcomes of the mediation to be documented and signed by all parties at the conclusion of the mediation.