Mediation and Alternative Dispute Resolution

Mediation is a way of solving disagreements without involving the Courts. It is a collaborative process and can only work if all parties are willing and able to negotiate in good faith with each other.

There are no formal training requirements for mediators. Courses do exist, and some organizations do issue certificates, but unlike some professions (like doctors, lawyers and engineers) there is no central regulatory body which controls who can and who can not call themselves a mediator.

Lawyers can assist in mediation by making sure that everyone understands what their rights are, what they might be able to obtain by going to Court (and what it would likely cost to take that route) and what it is that they are agreeing to, as well as in drafting the documentation that will be signed at the end of successful negotiations.

One of the common ground rules for mediation is that nothing said at mediation can be used in court later if mediation does not work.