Mediation is a process that gives parties involved in a dispute a way of resolving their disagreement quickly and at low cost whilst retaining complete control of how a settlement is reached.  Central to that process is the use of a neutral third party - the mediator.

 

It can be summarised as follows:

 

• the mediation process is managed by a neutral third party - the mediator

• the mediator positively engages with the parties in order to explore their dispute, to understand their interests and to reality test their arguments 

• the process is entirely confidential and is on a 'without prejudice' basis 

• the terms of any settlement are not restricted to that which a judge or other 'umpire' could award if the matter was to be decided by an alternative dispute resolution process e.g. court proceedings, arbitration, adjudication etc. 

• the parties themselves and not the mediator determine the outcome of the process and either or both may decide that they do not want to settle

• if the mediation process is unsuccessful, the parties are free to resume their previous form of dispute resolution  

 

Common metaphors used to describe a mediator's role include:

 

'A mediator's role is to direct the traffic but it will be the parties themselves that will be doing all the driving.'

 

'A mediator's role is like a football referee, it controls the game and makes decisions but the actual playing of the game is left to the parties'.

 

Unlike a judge, a mediator has no power to make any judgments and does give give advice.  Should a party wish to take advice on the merits or the terms of any proposed settlement, they can consult with their solicitors.