Mediation is voluntary
Both of parties have to want to mediate, and either of you can stop the mediation process at any time. More and more the courts expect people or businesses to attempt mediation before litigation begins, but mediation isn’t always suitable, and no-one can be required to mediate.
Mediators are impartial
The mediator does not take sides, and is always there for both parties. Mediators don’t give advice, although they do give information about legal principles and guidance explaining what things you should be thinking about.
Mediation is confidential
The information clients share with the mediator is kept confidential, with some very limited exceptions (similar to the exceptions that apply to lawyers, therapists and counsellors). Proposals put forward during mediation cannot be referred to in court proceedings. If you try to mediate but it doesn’t work, the court will never be told why the mediation wasn’t successful.
In Mediation, the clients are in charge
The mediator doesn’t make any decisions; the parties work out what proposals they would like to take forward. The parties proposals will only become legally binding if you ask your lawyers to create a legally binding agreement.
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