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It is a trained independent and neutral person who helps parties to resolve their dispute.
The reason that it is a successful process is that the Mediator does not take sides and thus is free to help the parties without any loyalties to either party such as a friend or relative may have. The facilitator provides an alternative to the courts system and litigation in order to help parties sort out their disagreements.
A neutral 3rd party can help parties in a number of different situations. They can help in business or civil disputes. They can help in marriages/ relationships if people have assets together or children of their relationship. Although the details differ, the overall process is the same.
Judges are increasingly directing cases to a Mediator as a first step before litigation. This process saves times, effort, and valuable resources. This is well documented in the courts by Justice Peter Kelly amongst others. In addition, since the Mediation Act came into force in 2018, there is now legislative footing for mediation to resolve disputes. Parties can obtain a legally binding mediated agreement instead of attending the courts.
How Can a Mediator help Me?
When you meet with the Mediator they will listen to your issues in matters that are important to you both. The Mediator then uses various principles and expertise to help you identify the issues. We then have a discussion around what needs to happen in order to move forward. Meetings are held to find common ground, discuss the desired end result for both sides, and negotiate an agreement. Sometimes matters resolve in one sitting. Please note the mediator will move as fast as the parties are willing or able to move.
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