Mediation is an informal process in which an independent and impartial person called a Mediator assists parties to a dispute to identify and assess options to form an agreement to resolve their dispute.

Mediation is an alternative to a court imposed decision and its benefits are:

• A dispute can be resolved more quickly and at less cost than pursuing a Court application

• Each party will pay their own costs of preparation for and attendance at the mediation whereas in some circumstances, after a court hearing, one party may be required to pay the other party’s costs, in addition to their own costs.
• Mediation is less formal and therefore less stressful than having to appear in a Court
• If one party feels intimidated or uncomfortable sitting in the same room as the other party, the Mediator will conduct a shuttle mediation, where each party can sit comfortably in their own room with their legal advisor thereby concentrating on the job at hand rather than being distracted by  emotions which come with disputes particularly when the dispute is between family or close associates.
• Each party will have some input into any agreed outcome at mediation whereas once a Court is asked to make a decision, it will do so and its too bad (unless the Judge has made an appealable error which is rare) if one party is not comfortable with the outcome
• An agreement rather than the litigation process can minimise the damage to ongoing family or business relationships.
• Negotiations at a Mediation are confidential, so that parties to a dispute are able to lay their cards on the table to assist in a resolution, and they cannot be held to any such admissions or partial agreements if there is no final agreement.
• The parties receive the benefit of an independent case appraisal from an experienced Mediator (but only if asked to do so by the parties or their Lawyers) to help them understand the strengths and weaknesses of their respective positions in the dispute.

As long as is necessary.  Generally, the whole day from 10am to 5pm is allocated but if there is headway to be gained, the Mediator will continue for as long as is necessary or even adjourn to another day if there is an issue which needs to be resolved before proceeding, such as a property valuation.  The Mediator will also agree to start earlier to accommodate parties travel, child care or other arrangements.

Yes, but they will also be asked to sign an agreement to maintain confidentiality as to what is being said at the mediation.

AMDRAS-Standards-Master-February-2025.pdf