1. WHAT IS MEDIATION?
Mediationis an alternativeprocess to thecourt process. In mediationthe partiesto a dispute
appoint aneutral person, the mediator,to assist themin finding solutions to theissues in
dispute.The mediatorfacilitatestheprocess and thepartiesdetermine the outcomeof the
process.
THE KEY PRINCIPLES OF MEDIATION
- It is Voluntary
- It is Confidential
- It is Empowering
- It allows Recognition and Understanding
- It is an Impartial Process(Neutral 3rd Party)
- It is Without Prejudice
- Mediationtakes placewhere no conflict of interest exists.
- It facilitatesaunique solution
THE BENEFITS OF MEDIATION
- The allimportant considerationof cost, mediationproceedingsare less costly than
judicialproceedings
- The decreased time mediationproceedingstake as opposed to litigated disputes.
- Mediationis not formal or intimidating andan incredibly flexible yet functional
process.
- The partiesstrive personallyto find commonground,and work to develop mutually
agreeablesolutions.
- Efficiency of themediationprocess, as it aims to avoid furthercomplications and
animositybetween the parties.
- Due to the voluntary nature of theprocess it permits partiesto express their interests
and needs and anxieties, whilehelping them to create a suitablesolution.
- Mediationalso offers theopportunityto create innovative solutions to business
disputes that further theunique interest ofthe parties
- Mediationfacilitates early settlement
- To Relieve the court congestion.
- Record theagreement between the parties themselves instead ofa Judge or
Arbitrator.

2. THE ROLE OF THE LEGAL ADVISORS
- Evaluate you options. Beforethe mediation,a legaladvisor can help you evaluate the
optionofmediation,and persuade theotherpartyto consider mediation. Contact a
suitablemediatorby agreement
- Act as a legal coach. During themediationa legaladvisor can act as a legalcoach on
an as-needed basis. Between sessions you can consult with your legaladvisor to clarify
questions.
- Predict outcomesand costs. A legaladvisor can also help predict therange ofpossible
legaloutcomes if youwere to go to court and thecosts related.
- Review agreements. Perhaps themost important, a legaladvisor can review any
written agreement prepared bythemediatorto make sure it says what youwant it to
say and that it will be legallybinding once signed.
- Prepare courtdocuments. Your legaladvisor can interact with thecourt once your
settlement agreement is signed.
HOW TO GET TO MEDIATION
Ifyou have a dispute withanother person orbusiness, whichyouwantresolved, youcanfirst propose
to the other side to mediate thecase. Ifyou are uncomfortablewith that option,you canthen
contact amediatorandaskthe mediatortoapproach the otherparty with the invitationto
mediate.
Anotheralternative is toapproachyour legaladvisorand ask themtoreferyouto a Mediator.