How mediation works
A mediator does not decide the dispute. The mediator manages a structured discussion, tests each party's position privately, and helps the parties identify an outcome both can accept. Any settlement reached is recorded in writing.
When ADR is worth considering
- Where the parties have an ongoing commercial or family relationship.
- Where the cost of litigation is disproportionate to the amount in dispute.
- Where confidentiality is important.
- Where a practical, flexible outcome is preferable to a strictly legal one.
When it may not be appropriate
- Where urgent protective relief from a court is needed.
- Where one party will not engage.
- Where a binding determination of a legal point is required.