Mediation FAQ

What are the advantages of mediation?
There are many advantages in referring a dispute to mediation rather than arbitration, adjudication or the Court, including:
  • the ability to maintain a positive working relationship with the other party;
  • typically, mediation is less expensive than adjudication and will certainly be quicker faster and less expensive than arbitration or litigation through the courts; and
  • mediation is a more flexible process in relation to timing, venue and attendees.
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What types of dispute can be mediated?
Generally, all types of disputes arising under or in relation to a civil or commercial matter are suitable for mediation.  It needs to be recognised that mediation is most successful when the parties and their representatives are properly prepared and committed to negotiate toward settling the dispute in good faith.  
If the parties are likely to have an ongoing relationship, either for the remainder of the project or on future projects, mediation may be preferred to litigation as it is perceived as being less aggressive and more ‘relationship’ friendly.

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How much does it cost to go to mediation?
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How long does the mediation process take?
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Is a mediation agreement legally binding?
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Do you need a lawyer to go to mediation?
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How do I prepare for mediation?
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What happens after the mediation?
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How does mediation compare with arbitration or other dispute resolution processes?
Mediation is an entirely different process to adjudication, arbitration or litigation. In mediation you negotiate directly with the other party and make your own decisions.  The mediator is not able to force a decision on you or to advise you what to do.

By comparison, in adjudication, arbitration or litigation the adjudicator, arbitrator or the Judge is engaged to make a decision as to what each party is entitled to or liable to pay another, and you are bound by that decision, subject to some very limited rights of appeal.

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