The Role of Mediation

With court systems busier than ever, and even arbitration perceived by many as time-consuming and expensive, savvy consumers (both private and commercial clients alike) are looking for ways to reduce costs and speed up the dispute resolution process. Given the control parties have over the mediation process, coupled with the broader spectrum of potential outcomes, including the preservation of relationships in certain circumstances, mediation is an increasingly attractive method of settling disputes.

Mediation is a confidential, voluntary, non-binding process in which a third-party mediator intervenes in an attempt to facilitate discussions (directly or indirectly) and guide the parties towards settlement. If the mediation ends in success, which more often than not it does, the parties sign a binding written settlement agreement.

Fundamentally different to the court system, arbitration or adjudication, mediation does not seek to find fault or apportion blame but rather problem-solves in an effort to seek resolution. In short, it is quicker, more flexible and far less expensive than its dispute resolution relatives.