Frequently Asked Questions

Mediation is a confidential process in which an impartial third party, known as the mediator, assists disputing parties in reaching a mutually acceptable resolution. The mediator facilitates communication, identifies common interests, and guides the parties towards finding their own solutions to the conflict.

The cost of mediation can vary widely depending on various factors such as the location, the complexity of the dispute, and the mediator's experience. The cost of the mediation will be on a per-hour basis and all costs will be clearly set out and explained before the mediation begins. Additionally, certain community or court-based mediation services may provide free or low-cost mediation options. Typically parties would share the cost of mediation. 

Yes, there are various types of mediation, including facilitative, transformative, evaluative, and more. Each type has its own approach and style, catering to different needs and preferences. The mediator may adapt their techniques based on the nature of the dispute and the parties involved.

Mediation is most effective when sought early in the dispute resolution process, before legal proceedings escalate. However, it can be initiated at any stage of a conflict when the parties are willing to engage in open and constructive dialogue.

Mediation focuses on collaborative problem-solving, allowing parties to maintain control over the outcome. In contrast, going to court involves a judge making decisions based on legal arguments and evidence presented by each party. Mediation is generally quicker, more cost-effective, and often preserves relationships better than traditional litigation.

Yes, parties can choose to mediate even after court proceedings have commenced. In fact, many courts encourage or require parties to explore mediation before proceeding further in litigation. Mediation offers an opportunity to settle disputes amicably, potentially avoiding the time, expense, and stress associated with court trials.

Mediation is a flexible and versatile process suitable for a wide range of disputes, including family matters, workplace conflicts, commercial disputes, and more. Its success often depends on the parties' willingness to engage constructively in the process.

Yes, mediation is a confidential process. Discussions, statements, and documents shared during mediation are typically subject to confidentiality. This confidentiality helps create a safe environment for open communication and encourages parties to express themselves freely without fear of information being used against them later in court.

In the course of a mediation, underlying issues not previously addressed can be dealt with. Even the existence of a ‘phantom player’ (someone who is not directly involved in the dispute but whose opinions have a significant influence on how it evolves) can be uncovered, allowing the parties to attend to this issue specifically.