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Frequently asked questions about mediation



What is mediation?
If the people in dispute can agree on how to resolve their dispute, they avoid the cost of going to court. They also avoid the risk that (if they do go to court) they might lose the case or not get everything that they want. Mediation is designed to let people keep control over their disputes. How decisions to resolve matters in dispute are made, when they are made and what decisions are made is controlled by the people in dispute - not handed to a court or tribunal. Mediation looks like a round table conference, where you and the other people in dispute, with the assistance of a mediator, discuss what each person needs to settle the dispute. Solutions arrived at can be written down and can be legally enforceable.


    When can mediation be suggested?



A party can suggest mediation at any stage during proceedings before a court or tribunal prior to the matter being finally determined. It is never too late. Parties can seek to settle a dispute by mediation even when the matter is on appeal.


    What does mediation cost?





In most cases, there are no set fees and different mediators charge different fees. Most barristers who work as mediators charge the same fees as for appearing in court. For further information ask the person you have in mind as a mediator.

Who pays for the mediator?


Most mediators charge fees per hour or per day for mediating, which are paid by the parties. Usually they share the costs equally. Parties who would suffer hardship from this should inform the court or tribunal in which the dispute is being determined.

   





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