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Mediation is a consensual, confidential and relatively informal negotiation process in which parties to a dispute use the services of a skilled and independent mediator to assist them to define the issues in dispute, to develop and explore settlement options, to assess the implications of settlement options and to negotiate a mutually acceptable settlement of that dispute which meets their needs and interests.
Generally, all types of disputes are suitable for mediation provided that all parties and their representatives are prepared and committed to negotiate toward settling the dispute in good faith. The objective of mediation is to enable and empower the parties to negotiate and resolve the dispute promptly, cost effectively and confidentially rather than to have a decision imposed upon them by a judge, arbitrator or adjudicator. Mediation enables the parties to negotiate flexible and creative solutions which need not conform to strict legal rights or general community standards. The Tribunal's mediation programme includes a Mediation Agreement complete with a back to back Confidentiality Agreement for execution by advisers and support persons to parties to mediations and our Fees and Expenses provisions as Schedules to the Agreement. The Tribunal’s Mediation Agreement is further augmented and supported by our Mediation Protocol. The Protocol is a necessary and important component of our fully administered mediation service because mediation, unlike adjudication, is consensual and not supported or underpinned by legislation. The Protocol has been drafted to promote and encourage the negotiated settlement and early and cost effective resolution of disputes by mediation. Primarily however, the Protocol provides guidance as to the rights and obligations of all participants under the Tribunal’s fully administered mediation service. Contact us to find out if mediation is right for your dispute and for more information about the mediation process, how to initiate a mediation and how to use our mediation service.
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