Dispute Resolution Secretariat (Tribunal)
Mediation is the use by disputing parties of a neutral third party to facilitate their own resolution of their dispute. Mediation only brings a dispute to an end if both parties, with the intervention and assistance of the mediator, are able to come to an agreement that resolves the dispute.
The mediation process brings some advantages, compared to court battles or even arbitration:
- Because parties are able to discuss in presence of a professional mediator, the process is likely to preserve relationships or even repair those that may have been damaged by the rise of the dispute;
- Parties have control over the outcome, which will be an agreement reached by themselves only. As a result, mediation usually leads to win-win solutions;
- It is less costly and quicker than a court battle.
There are some disadvantages to mediation, and the most notable one is that there is no guarantee that the process will bring about a resolution. If all parties are engaged in a mediation process with no intention to make concessions to find common grounds, then the likelihood of a settlement is slim.
In the Download section, you will find a template of a contractual mediation clause for insertion into contracts, agreements or policies, as well as a mediation agreement template. A mediation agreement is necessary in the following cases:
- When the contract subject to the dispute does not provide for mediation clause;
- When the parties wish to settle their dispute by way of mediation and no mediation clause providing for such a proceeding exists.