Mediation

Mediation

Mediation is one of the most commonly recognised and used forms of alternative dispute resolution (ADR). The Practice Notes in this subtopic discuss the key features of mediation and how it contrasts with other forms of ADR, as well as practical guidance on how to prepare for a mediation (including choosing the mediator, preparing the necessary documents and yourself and your client), what to expect on the day, as well as settlement at the mediation and issues of confidentiality, mediator liability and codes of conduct.

For further guidance on:

•
all forms of ADR, see: ADR and dispute resolution clauses—overview
•
settling disputes generally, see: Settlement and settling disputes—overview
•
specific issues relevant in cross-border cases, see: Cross-border ADR—overview

What is mediation and how does it work?

Mediation is a confidential process which involves an independent third party (the mediator) who seeks to assist the parties to come to an agreement to resolve their dispute.

In summary:

•
it is usually confined to a set period of time (a couple of hours to one/two days, depending on the complexity involved in the dispute)
•
it usually starts with each party

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