What is Mediation?
Mediation is a confidential, flexible and voluntary process used to settle disputes. Parties in conflict agree to participate in mediation to fully and finally resolve their conflict without having to go to court.
The mediator facilitates a process and uses strategies that enable people to settle disputes. The final decision however is made jointly by the parties who are in conflict. The mediator does not make the decision.
If the parties settle at mediation, this will avoid having to go to court. A mediated settlement is legally binding and ends the litigation.
Mediation is very inexpensive compared to litigation through the court. It is also much faster. Mediation is generally completed in one day, and mediation can usually be booked within a few weeks.
By comparison, in court proceedings it is not uncommon to wait for two years for a trial or hearing date. After the trial, there are then rights of appeal to higher courts, which can drag on with each level of appeal. Appeals can commonly take a year for each level of court to be heard and determined. Five to seven years of litigation is not unheard of, especially in relationship property and estate disputes.