NLS – Mediation

FAQ’s

Common questions about mediation. 

FAQ’s

Frequently asked questions about the mediation process.

Mediation is a confidential and voluntary process where an impartial mediator helps disputing parties explore and negotiate mutually satisfactory agreements. Unlike in court, no one imposes a solution on the parties; instead, the mediator facilitates discussions that lead to a self-made resolution.

Unlike arbitration and litigation, where a third party (arbitrator or judge) makes a decision that is often binding, mediation involves the parties working collaboratively to reach a consensus on their terms. Mediation is generally less formal, and quicker than arbitration or litigation.

Mediation can be used to resolve a wide range of disputes, including commercial, legal, familial, workplace, and community conflicts. It is a flexible approach that can be tailored to the needs of the parties involved.

The mediation process itself is not legally binding. However, once the parties reach an agreement and sign a written contract detailing their resolution, it can become a legally binding document, enforceable in a court of law.

The duration of mediation depends on the complexity of the dispute and the willingness of the parties to negotiate. A typical mediation might last anywhere from a few hours to a few sessions spread over several weeks.

If an agreement cannot be reached, parties may choose to pursue other options such as arbitration or litigation. However, the discussions held during mediation are confidential and generally cannot be used in court.

All parties involved in the dispute should attend the mediation session. It is also advisable to bring legal representatives if the dispute involves complex legal issues.

Preparation for mediation includes gathering all relevant documents, a clear understanding of the issues at hand, and your objectives. It’s also helpful to think about the needs and interests of the other party to facilitate a collaborative negotiation.

Costs can vary depending on the complexity of the dispute and the duration of mediation. Typically, mediation costs are significantly lower than those of litigation or arbitration. Often, the costs are split between the parties, but this can be negotiated.

Yes online mediation is an increasingly popular option that offers flexibility and convenience, allowing parties to discuss their issues without being in the same room. This can be particularly useful in times of travel restrictions or when parties reside in different geographical locations.