what is mediation?

• (Usually) voluntary.
  
• Confidential.
  
• "Without prejudice" or "Off the record"
  
• Non binding (at least until a settlement is reached; once a settlement is reached that will usually be binding).
  

• A neutral
  
• Who neither determines the dispute, nor gives an opinion, nor tells the parties how to settle
  
• But who is trained to assist the parties to negotiate their own settlement of their dispute
  

There is no set process. The Mediator will guide the parties in choosing a process that works for them. A typical Mediation could entail:

• A joint meeting chaired by the Mediator between all parties and their advisors at which each party may state their case to the other.
  
• A series of private confidential meetings between the Mediator and each individual party. During these meetings the Mediator will:
  -- Explore each party's own case to ensure that the Mediator understands it.
  -- Help each party understand the other party's case.
  -- Test the strength of each party's case.
  -- Help the parties to frame realistic offers.
  -- Assist the parties in responding to offers.
  
• A joint meeting at which the terms of settlement are agreed, recorded in writing and signed.
  
• At this point the settlement becomes binding.