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What is Mediation?

A simple guide to how mediation works.

What a Mediator Does (and Doesn’t Do)

A mediator:

  • Is independent and neutral

  • Does not take sides

  • Does not judge who is right or wrong

  • Does not make decisions for you

 

Instead, the mediator helps:

  • Keep conversations constructive

  • Ensure everyone is heard

  • Clarify what really matters

  • Explore realistic options for resolution

 

The decisions remain yours.

What Mediation Is Not

Mediation is not:

  • Counselling or therapy

  • Legal advice

  • Arbitration or a binding decision

  • A place to argue or prove fault

 

It is focused on finding workable solutions, not assigning blame.

What Happens in a Mediation Process?

While every mediation is tailored, most follow these stages:

  1. Initial discussion
    Understanding the situation and confirming mediation is appropriate.

  2. Preparation
    Setting expectations, explaining the process, and agreeing ground rules.

  3. Joint or separate discussions
    Talking through the issues in a managed, respectful way.

  4. Exploring options
    Identifying possible solutions that meet practical needs.

  5. Agreement
    Recording any outcome reached, if appropriate.

 

Everything discussed in mediation is confidential.

What Types of Issues Can Mediation Help Resolve?

Mediation is used successfully in:

  • Workplace and employment disputes

  • Commercial and contract disagreements

  • Neighbour, housing and property conflicts

  • Professional relationship breakdowns

  • Ongoing disputes where communication has stalled

 

It is particularly useful where people need to move forward or continue working together.

Is Mediation Legally Binding?

Mediation itself is not legally binding.


However, if an agreement is reached, it can be:

  • Written down as a formal agreement

  • Reviewed with legal advisers if needed

  • Converted into a legally binding document

 

Many people value mediation because agreements are more likely to be followed when they are jointly created.

Is Mediation Right If Things Feel Hostile?

Yes. Mediation is specifically designed for situations where:

  • Communication has broken down

  • Emotions are running high

  • Direct conversation feels impossible

 

You do not need to be “on good terms” to start mediation.

When Mediation May Not Be Suitable

Mediation may not be appropriate if:

  • There is a serious safety risk

  • Urgent legal action is required

  • One party refuses to engage entirely

 

This is why an initial suitability assessment is important.

Mediation as Part of Early Resolution

Mediation is one of the most effective Early Resolution tools. It helps people:

  • Resolve disputes earlier

  • Avoid unnecessary escalation

  • Reduce legal and emotional costs

  • Reach outcomes that work in real life

 

Mediation and Early Resolution services are provided by Mediation Agency, supporting individuals and businesses across civil, commercial and workplace disputes.

What Is Mediation? 

A Clear, Plain-English Guide

Mediation is a voluntary and confidential way of resolving disputes with the help of a neutral third person, called a mediator.

It allows people in disagreement to talk through their issues safely, explore solutions, and reach their own agreement — without going to court.

Mediation is commonly used as part of Early Resolution, helping disputes settle sooner, with less stress and cost.

Why People Turn to Mediation

Most disputes don’t start out wanting to become legal battles. They escalate because:

  • Communication breaks down

  • Emotions run high

  • Trust has been damaged

  • People feel unheard or misunderstood

 

Mediation creates a structured space where those barriers can be addressed calmly and productively.

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