The parties participate and jointly decide the outcome or the result of the Mediation; the Mediator actively facilitates the process through joint and individual meetings, but does not decide the outcome or give a decision
The parties decide to undertake Mediation by choice. any party can opt to leave the Mediation at any time if it so chooses
Mediation is preferably undertaken in a private atmosphere (away from a court). It is not open to the public, nor reported by media. it may be conducted at any place - even online
This is a critical element and benefit of Mediation. Confidentiality is covered extensively, for and between the parties and for the Mediator, for whatever is discussed or shared during the entire mediation process. the confidentiality is legally protected
There is no legally mandated process, procedure or code for a Mediation process. There is no requirement of providing evidence or offering witnesses (as required in court cases or arbitration), as the objective is not to prove who is right or wrong. the objective is to arrive at a mutually agreed settlement in a manner acceptable to the parties - with the assistance and active involvement of the Mediator
Whatever is discussed, admitted or offered during the course of the mediation is not legally binding on the party doing so. the parties are only bound by their duly signed final settlement agreement
A normal Mediation process is expected to be completed in 4-5 meetings maybe stretched over a few months. The Mediator fee is far less than that of an Arbitrator, and there is no court fees
Relationships between parties are often over a mid to long term, and a dispute can lead to a loss of such a mutually beneficial relationship. Mediation resolutions can help preserve such relationships, if so desired
Often the dispute is not just a commercial issue, but also has emotional or other considerations. a Mediator’s role is to work with each party to help resolve those underlying issues or needs of each party, and together with them help discover the best mutually acceptable way going forward. The process allows for tailored (as per situation and circumstances) and even innovative methods and terms for the resolution of the dispute. Mediation even provides scope for ‘partial settlements’, or even settlements of other issues that are pending or anticipated between the parties
A successful Mediation results in the resolution of the dispute to the mutual satisfaction of the parties; it provides a mutually desired finality and closure of the dispute
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