What is Mediation?
CEDR (Centre for Effective Dispute Resolution) define mediation as:
"Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution." CEDR
- Mediation is voluntary, but refusal to mediate can give rise to cost sanctions
- Courts actively encourage parties to consider mediation
- Mediation is confidential and ‘without prejudice’ (nothing said in the mediation is admissible as evidence in legal proceedings)
- Any settlement reached is binding once put into writing and signed by the parties
Mediation is therefore, quick, cost effective, collaborative and confidential. As a result, it usually suits the commercial interests of the parties and is more likely than litigation to result in a sustainable relationship between the parties.