Overview
Mediation, a form of alternative dispute resolution or appropriate dispute resolution, is a way for resolving disputes between two parties. A third party neutral is involved in order to structure the meetings, and to help the parties come to a final decision based on the facts given through the discussions. Mediation is not mandatory by law so it does not have to be utilized. However, with the Practice Direction 31 on Mediation issued by the Judiciary, parties to litigation are positively encouraged to engage in mediation.

Role and Functions of Mediators

Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputing parties, which aims at helping them reach an agreement (with legally binding results) on the disputed matter. Mediator helps the parties reach their own negotiated agreement. He/she will encourage the parties to reach a mutually acceptable solution by themselves, as opposed to having it imposed upon them. The Mediator has no power to impose a settlement on the parties. His/her function is to overcome any impasse and encourage the parties to reach an amicable settlement. Normally, all parties will regard the Mediator as neutral and impartial. Disputing parties may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters.

Mediation has proven to be an outstandingly successful management tool even for resolving difficult disputes. It is a means by which the parties can re-learn the basis of communication with which they can then resolve future disputes. This is particularly important in disputes where invariably there are ongoing issues to be resolved, including ongoing or future businesses or relationships.