Mediation Explained
Who are Mediators
Mediators are neutral intermediaries, who, when retained by disputants to mediate disputes, apply their training, individual skills and experience to guide and assist conflicting parties towards settlement of their differences by negotiation in a cordial but constructive atmosphere.
If a dispute involves a technical issue, disputants are encouraged to select a mediator who specialises in a particular area of law or expertise.
A Mediator:
- Assists disputing parties discuss their conflict with each other
- Assists disputing parties understand each other's side of the conflict and point of view
- Refrains from offering an opinion about who is right or wrong; or who will win/ lose, should a court be asked to decide the conflict
- If a lawyer, which is often the case, refrains from giving legal advice
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