Mediation is

>> cost and time effective.

>> voluntary - all parties have the right to withdraw from mediation at any time.

>> informal - The parties and the mediator agree to rules of conduct before the mediation to ensure that each party is given a full and fair hearing. There are no rules of evidence to restrict what is discussed.

>> controlled by the parties.

>> private and confidential.

>> privileged - Unless ALL parties agree, nothing that is said at or in connection with the mediation can be repeated by the parties or the mediator in court if the mediation does not result in agreement. No documents produced at or in preparation for the mediation (such as correspondence between the parties concerning the mediation, mediation position statements, calculations or similar documents) can be used in court proceedings.

However, if the mediation results in the parties reaching agreement, and subsequently a party wishes to take court action against another for breach of the agreement, matters dealt with in the mediation, or which are incidental to it, may be raised in court proceedings.

>> an opportunity for the parties to preserve or resurrect their relationship - Very often a dispute occurs between parties who had a good working relationship until one disagreement threatened to destroy it. Because a court is a forum where the parties behave in an adversarial way, litigation often destroys relationships and can be an unpleasant experience for all concerned. Even the ‘successful' party often suffers because of loss of a relationship as a result of the litigation. Mediation, on the other hand, is designed to minimise the disruption (both commercial and personal) to relationships in which a dispute arises. Jointly finding a resolution through mediation may mean the parties can restore their relationship and have future dealings.

>> a means of dispute resolution which is additional to going to court - Even if a mediation does  not result in the parties reaching a binding agreement, the process will almost always have given the parties a clearer insight into the dispute, and often makes subsequent ‘without prejudice' settlement negotiations easier. It may mean there are fewer issues to be determined by the court. If the mediation does not succeed, the court is still available.