Mediation is a voluntary process in which an independent trained person - the mediator - assists two or more parties who are in dispute, to identify key issues, consider solutions and negotiate a mutually acceptable agreement to resolve their conflict.

It is an alternative pathway to resolve a dispute outside the court system. Mediators are impartial facilitators who do not advise on, or determine disputes.

Any matter that is in dispute can be mediated.

Most importantly, parties need to be willing to communicate honestly, respectfully and constructively and be open to a negotiated outcome.

Mediation, in comparison to court, can generally resolve a dispute:

• confidentially

• more quickly

• at lower cost, and

• with less acrimony between parties.

Mediation is overwhelmingly successful, according to the Australian Mediation Association, with more than 85 per cent of initiated disputes settled by mediation.

Each mediation is different and will be structured and conducted based on the context of the dispute and the needs of the parties.

It may involve meeting with the parties (who may be accompanied by their lawyer and or support person) jointly and/or separately in-person or via Zoom or Teams.

If either party requires an interpreter, this needs to be identified early.

According to the NMAS Practice Standards, mediation is a guided process where the mediator assists each party to:

• communicate with each other, exchange information and seek understanding

• identify, clarify and explore interests, issues and underlying needs

• consider their alternatives

• generate and evaluate options

• negotiate with each other; and

• reach and make their own decisions.

The possible outcomes from a mediation include a disputed matter being resolved, in full or part, or the parties being unable to reach agreement.