We can't find the internet
Attempting to reconnect
Something went wrong!
Attempting to reconnect
Find resolution, together.
Mediation is a structured conversation with a neutral professional who helps both parties find their own solution. No judge. No binding decision imposed. Just a path forward that works for everyone.
Mediation is a structured negotiation where a neutral third party helps you find your own solution.
That's it. No judge. No decision imposed on you. Just a trained professional helping you and the other party reach an agreement that works for both of you.
Mediation vs Court.
The fundamental difference is control. In mediation, you decide your outcome.
Mediation
Court
Key insight: If mediation doesn't work, you haven't lost anything. You can still go to court. But if you go straight to court, you lose the opportunity for a collaborative solution.
The mediation process.
While every mediation is different, most follow a similar structure. Here's what to expect.
Agreement
Both parties agree to try mediation. This might be through lawyers, directly, or because a court encourages it.
Preparation
Each party prepares a summary of their position. Documents are exchanged. The mediator may speak with each party separately.
Opening
Everyone meets together. The mediator explains the process. Each party presents their perspective without interruption.
Caucuses
The mediator meets with each party separately. This is where much of the real work happens. You can speak freely.
Negotiation
The mediator moves between parties, testing proposals and building toward agreement. Joint sessions may resume if helpful.
Resolution
If agreement is reached, it's documented and signed. If not, you keep all your legal options.
What the mediator does.
A skilled mediator does much more than sit in a room with you. They actively work to help you reach agreement.
What they don't do
- Decide who is right
- Give legal advice (that's your lawyer's job)
- Impose solutions
- Take sides
Creates a safe environment
Sets ground rules, manages tension, and ensures both parties feel heard. Some conversations are difficult, and a neutral presence helps keep them productive.
Facilitates communication
Helps parties understand each other's perspectives. Often, disputes continue because neither side truly understands what the other wants or why.
Tests proposals
Explores options with each party privately before putting them on the table. This lets you consider ideas without committing to them.
Reality-checks expectations
Gently challenges unrealistic positions. This isn't about taking sides, but helping both parties understand the strengths and weaknesses of their positions.
Documents the agreement
If agreement is reached, the mediator helps draft it clearly and completely. This becomes a binding contract.
When mediation works best.
Mediation works well for
- Ongoing relationships - Business partners, neighbours, family members where you need to keep working together
- Commercial disputes - Where both parties have business interests in quick, confidential resolution
- Property matters - Boundary disputes, trust disagreements, estate conflicts where family relationships matter
- Complex situations - Where creative solutions might work better than a court's limited options
- Both parties want resolution - When everyone is genuinely motivated to find a solution
May not be appropriate when
- Significant power imbalance - One party has substantially more power than the other
- Bad faith - One party isn't genuinely interested in resolution
- Need for legal precedent - You need a court ruling to establish a principle or create binding law
- Urgent protective orders - You need immediate court protection, such as an injunction
- Criminal matters - Mediation is for civil disputes, not criminal proceedings
Even in difficult situations, attempting mediation rarely causes harm. What you discuss is confidential and cannot be used against you later.
Key Takeaways
Mediation is a structured negotiation with a neutral facilitator
You decide the outcome, not the mediator or a judge
Everything discussed is confidential and cannot be used in court
It's faster and usually costs less than litigation
It works best when both parties genuinely want resolution
If it doesn't work, you still have all your legal options
Related Reading
What to Expect in Your First Mediation
Never been to mediation before? Here's a practical guide to what happens before, during, and after mediation, and how to give yourself the best chance of a good outcome.
When Mediation Makes Sense for Business Disputes
Not every business dispute needs court. Learn when mediation offers a smarter path to resolution, and how to maximise your chances of success.