Mediation is a process where a neutral and independent person (a mediator) helps the parties in a dispute reach an agreement. Therefore, the mediator may be appointed by a court or in private. It is an alternative to the adversarial judicial system of dispute resolution.
If an agreement is reached at mediation, this may be written in a formal document and orders are made by the court to settle the case. The court can enforce these orders if either party fails to meet the terms of the agreement.
Unlike the court process which is open to the public, the mediation process is private and confidential. Because of this, anything said or produced in writing at the session remains confidential and no party can disclose it to any other party.
The mediator will inform both parties at the beginning of the session that parties must take part in good faith. If one party breaches this duty, a mediator can cancel the session and give a report to the court.
Mediation is available for all civil matters. Recent legislation mandates it for all litigation cases listed before the courts. The court will appoint a mediator in an attempt to help the parties reach an agreement before court proceedings begin. In case there is no agreement between the parties, the Magistrate will resolve the dispute – also taking into account the relative cooperation of each party during the previous unsuccessful mediation session.
The Advantages include:
• early settling of the dispute
• lower costs to the parties
• greater flexibility in settling the dispute
• finality and privacy
Citilawyers assists individuals and businesses with negotiation and mediation in regard to all areas of law by giving professional advise and support. Therefore you should not hesitate to contact us whenever you need help!