Rights at Mediation

Both parties have the right to an impartial and professional mediator, who has a good knowledge of the process, and the skills necessary to “get to yes”.

Both parties have a right to confidentiality. Mediation is confidential and conducted on a “without prejudice basis”. This means the parties are free to communicate with each other without fear of something being said in the mediation later being repeated in Court. There are some exceptions to the mediator’s confidentiality where threats to commit a criminal offense are made or a criminal offense is disclosed.

Mediation also provides both parties with the right to be heard and have their say in a structured, controlled and balanced format. In disputes parties may become positioned (for a variety of reasons) but often in relationship disputes parties become intrenched in positions due of the high emotion involved. A good mediator will endeavour to facilitate the parties communicating their underlying issues, concerns and hopes, to approach resolution form a more cooperative perspective.