Mediation- Is it for you?

With a potentially corruptible reliance on full disclosure, mediation isn't the most popular method of resolving disputes. But in a society where around 40 per cent of marriages end in divorce, mediation could offer a cheaper, faster alternative to the court process...

What is mediation?

Mediation is a voluntary process, under the guidance of a professional mediator, directed to resolving disputes between parties and can be used in instances of divorce, for example to discuss the division of assets or childcare responsibilities.

Resolving disputes between people is of course what the court system also aims at doing, but with a court decision the result is imposed by a third party. In mediation it is meant to be a satisfactory consensus agreed by both sides.

How does it work?

Usually mediation takes place over a series of meetings, often extended over several months until both parties come to a 'win-win' solution.

The mediator aims to ensure that there is no bullying or undue influence (referred to as 'a power imbalance').

There is meant to be full disclosure in a frank and honest way from both sides, with the basis for ongoing discussions. Mediators cannot give legal advice.

Mediation is often promoted as a way of keeping lawyers out of the process and therefore saving costs. However, the most successful mediations are those where lawyers are involved directly or are at least being consulted step-by-step throughout the process.

Will mediation save the world?

Alot of effort is put into persuading people that mediation is good for them. In fact, it is not very popular. In the early years of the court sponsored mediation schemes fewer than five per cent of litigants chose to use mediation and it is still in a minority.

Although successful mediations were quicker and cheaper than a court hearing, where mediation was unsuccessful litigants found that costs were higher and the whole process took longer. It is interesting to note that in 2004 fewer than half of mediations were successful.