Mediation is a process where a neutral party, the mediator, guides conflicting parties to a mutually agreed workable solution.
The parties must be attending voluntarily and have the desire and authority to seek a solution.
The process typically begins with a joint opening meeting where both parties put forward their position. This is not necessarily their legal position, though parties often prefer to have their legal representatives present.
Then through a mixture of private and joint meetings with the mediator the issues are explored looking at wants and needs identifying common ground. The mediator keeps what is said in the private meetings confidential and will only pass to the other party what is agreed.
This is then developed typically through bargaining and negotiation into a mutually agreed and workable settlement.
The settlement is only enforced once both parties have signed it.
