What to expect

Mediation is a flexible process in which the focus in on dispute resolution.

The process is voluntary and "off the record" in the sense that no participant can refer to negitiations which take place in the mediation in any court proceedings. Essentially there are four things which happen in mediation:

1 Initial contact, during which the mediator develops an understanding of your needs in resolving a dispute. This can take place in joint or separate meetings, as you prefer. If the initial contact is in separate meetings, whether in person or via Zoom, they are confidential except for any information which you say the mediator can discuss with other participants and any information which must be disclosed in terms of a law. A written Agreement to Mediate will be signed after you have had a chance to consider it and show it to your legal advisors;

2 Information gathering, during which participants share data with each other and the mediator which is relevant to the dispute;

3 Conversations about the best ways that all particpants' needs and interests can be met in the light of the information shared and the relevant legal principles. These conversations will involve the mediator helping the participants to identify the risks which might be involved in not settling the dispute in mediation. The mediator will also help with identifying criteria for settlement. This leads to generation of possible settlement scenarios and reality checking those scenarios;

4 Finally, the mediator helps the participants to settle on the scenario which best fits your circumstances. Depending on the nature of the dispute and your specific circumstances, a written summary, memorandum of understanding or settlement agreement may be prepared for you to review with your legal advisors.

More detail about the process is available under the tab "Mediation Agreement".