Frequently Asked Questions

Mediation is a voluntary and confidential process in which a neutral third party, called a mediator, helps disputing parties communicate and negotiate to reach a mutually acceptable resolution. Unlike in court, the mediator does not make decisions for the parties but facilitates discussion to help them find their own solutions.

Mediation is typically faster, less formal, and more cost-effective than litigation. It emphasises collaboration and communication, allowing the parties to maintain control over the outcome. Litigation, on the other hand, involves a judge or magistrate making a binding decision after a formal legal process, which can be lengthy and expensive.

Mediation can be used for a wide range of disputes, including family matters (like divorce or child care issues), workplace conflicts, commercial or business disputes, community disagreements, landlord-tenant issues, and many more. Essentially, any dispute where parties are willing to negotiate can be suitable for mediation.

Mediation itself is not legally binding. However, if the parties reach an agreement, they can draft a written settlement that, once signed, becomes a legally binding contract. The enforceability depends on how the agreement is structured and the applicable  laws.

The duration of mediation varies depending on the complexity of the issues and the willingness of the parties to negotiate. Some mediations are resolved in a single session lasting a few hours, while others may require multiple sessions over weeks or months.

The mediator’s role is to facilitate communication, help clarify issues and guide the parties toward a mutually acceptable resolution. The mediator does not make decisions, take sides, or provide legal advice. Instead, they create a safe and neutral environment for constructive dialogue.

Yes, mediation is a confidential process. What is said during mediation cannot be used as evidence in court, and mediators are typically not allowed to testify about the mediation sessions. This confidentiality encourages open and honest communication between the parties.

Yes, mediation is voluntary, and parties retain the right to pursue other legal remedies, including going to court if mediation does not result in a resolution. Participating in mediation does not waive your right to a trial.

While it is not mandatory to have a lawyer during mediation, many people find it helpful to have legal advice, especially if the issues are complex or have significant legal consequences. A lawyer can provide guidance, review any agreements, and ensure that your rights are protected.

If an agreement is reached, it is usually put into writing and signed by all parties involved. This agreement can then be presented to a court to become a legally binding document, depending on the type of dispute and relevant legal principals. The agreement outlines the terms of resolution and the actions that each party must take.