Information sheet Mediation is becoming an increasingly popular way of resolving disputes. It saves costs, is quicker and is more informal and less daunting than facing a court hearing. It is a voluntary and confidential conference between two disputing parties and a mediator, who assists the parties discuss, negotiate and achieve a solution to their problem. President of the Law Society of NSW , Mr Patrick Fair , said mediation is more 'user friendly' than litigation and had a proven success rate. Mr Fair said statistics show that more than 90 per cent of cases are settled before they reach court.
Mediation can enable settlement to occur even earlier.
Early settlement also reduces legal and other costs such as those involved if parties have to take time off work or from business. It can also help a business relationship survive beyond the dispute because it allows parties to formulate their own mutually acceptable solutions. Mediation can be an ideal method for dealing with matters that need to resolved in private, and away from the glare of publicity. The mediator is a neutral and impartial person who does not impose a solution on the parties, nor does he or she made a decision for, or give any legal advice to, the parties. There are normally two mediation meetings - a preliminary conference and a mediation session.